1. The present appeal has been preferred against the judgment and award dated 29.1.2024 passed by the Motor Accidents Claims Tribunal, Abu Road in Claim Petition No. 39/2014 (CIS No. 1000 / 2014) whereby the learned Tribunal dismissed the claim petition as preferred by the claimant on the premise that the same was not maintainable in terms of S.163A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') as the claimant was having an annual income of more than Rs.40,000 per annum.

2. Learned Tribunal concluded the above fact on basis of the document Exh. 96 as placed on record by the claimant himself which reflected his salary for the month of October 2013 to be Rs.32,300 per month. The learned Tribunal further took into consideration the statement of AW 2 i.e., the claimant himself wherein he admitted his monthly salary to be above Rs.50,000 per month.

3. Counsel for the appellant while relying upon the judgment of the Hon'ble Apex Court in Deepal Girishbhai Soni v. United India Insurance Co. Ltd., 2004 ACJ 934 (SC), submitted that the court therein, finding the claim to be not maintainable in terms of S.163A of the Act, proceeded on to treat the claim petition to