JUDGMENT 1. - This appeal is filed by the claimant under Section 173 of the Motor Vehicle Act (in short hereinafter called "the Act") against the award dated 07.05.10 passed by MACT Merta in Case No. 74/06. 2. By the impugned award, the tribunal dismissed the claim petition filed by the appellant under Section 163-A of the Act essentially on the ground that since the claimant's yearly income was more than Rs. 40 thousand and therefore, claim petition under Section 163 A ibid cannot be entertained on merits for determining any compensation payable to them for the death of one Sohanlal who died in vehicular accident. 3. Learned counsel for the appellant made only one submission. According to him, claimant I.e. (the appellant herein) should have been granted liberty to file a claim petition under Section 166 of the Act of the Motor Vehicle Act on the same cause of action on which they had filed a claim petition under Section 163-A out of which this appeal arise or a petition under any other law for the time being in force, as the case may be because the claim petition was not decided on merits. 4. I have heard learned counsel for the appellant and on perusal of the record of the case, I agree that such liberties can be granted even without issuing notice to the other side. 5. On the perusal of the impugned award, I find that the claim petition was filed under Section 163-A ibid for claiming compensation for the death of one Sohan Lal who died in a vehicle accident. It was however held that since the yearly income of deceased was more than Rs. 40,000/- and therefore, it exceeds the limits prescribed in the schedule appended to the Act which is applicable to claim petition filed under Section 163 ibid. It is essentially for this reason that the tribunal was of the view that the claim petition filed by the claimant under Section 163 A of the Act cannot be entertained on merits. It was accordingly dismissed without going into any other question. In my opinion, the claimant has a right to seek amendment in the claim petition already filed under Section 163 A ibid for its conversion into a claim petition under Section 166 ibid as the case may be but only by claiming liberty from the tribunal/Court. It was accordingly dismissed without going into any other question. In my opinion, the claimant has a right to seek amendment in the claim petition already filed under Section 163 A ibid for its conversion into a claim petition under Section 166 ibid as the case may be but only by claiming liberty from the tribunal/Court. Since such liberty was not prayed before the tribunal by the claimant which resulted in dismissal of this his petition the same can be applied by filing appeal before this Court. 6. In view of the aforesaid discussion, this appeal is disposed of by granting liberty to the claimant to file claim petition under Section 166 of the Act or take recourse to any other namely a may be available to the claimant for claiming compensation for the loss of death of Sohan on the same cause of action on which the claim petition was filed under Section 163A ibid. Subject to the aforesaid discussion and the liberty granted, this appeal is disposed of in limini even without any notice to respondents. 7. No cost.Appeal Disposed of. *******