Civil Procedure Code (CPC)

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MACT sec.163A

(Querist) 28 April 2008 This query is : Resolved 
Sir
I filed a petition us 163A of MV Act and by mistake i mentioned the income of petitioner Rs. 10000/-(Ten Thousand)Rs per month.As per law only person whose income is below than Rs.40000/-Annually can file petition us 163A.I had also filed affidavit of petitioner in evidence to mentioning income of petitioner Rs.10000/-per month.Now certainly my petition will be dismissed only on this sole ground.What remedy i can avail at this stage.can i amend my petition or can i reduce my claim or can trabunal permit me to withdraw my petion with liberty to file a new/fresh petion..plz enlighten me with case law...Thanx
H. S. Thukral (Expert) 29 April 2008
Section 166(3) has now been ommitted. There is no time limit in filing the claim. In my opinion, if the proceedings are at initial stage, you can withdraw the petition filed under section 163-A, on technical grounds and claim compensation under section 140/141
J K Agrawal (Expert) 12 May 2008
Sir

There are so many citations which rule that a person having income more then 40000/- per year can not file a claim under s 163 A. But my personal view is that such a interpretation is not correct. In s 163 A no where it is stated that persons of grater income are not entitled. Further one can reskind his claim or any part thereof at any time of suit. You can withdraw the case and file again under the same section as res judicata or provisions of CPC are not applicable strictly. If you go for s 140 you will get only 25000/- or 50000/- only. Some citations are there contrari to the concept that person earning more then 40000/- can not file claim under s 163 A. please refer to IV 2006 ACC 146 P and H Rani Devi v Raj Singh


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