NEW INDIA ASSURANCE COMPANY LIMITED Vs. SUMITRA BAI

JUDGEMENT

(1.) New India Assurance Co. Ltd., appellant herein, has filed this appeal under section 173 of the Motor Vehicles Act, 1988 (for short 'the M.V. Act') questioning the award dated 23.2.2004 passed by Fourth Additional Motor Accidents Claims Tribunal, Raipur for short 'the Claims Tribunal') in Claim Case No. 33 of 2003, by which the Claims Tribunal has partly allowed the claim petition filed by the claimants and awarded total sum of Rs. 1,70,000 along with 6 per cent interest.

(2.) Brief facts necessary for adjudication of this appeal are as under:

(3.) Mr. Shree Kumar Agrawal, senior counsel, with Mr. Anand Gupta, learned counsel appearing for the appellant insurance company, would submit that claimants have claimed that the income of deceased Omprakash Dhiwar was Rs. 84,000 per annum, which is more than Rs. 40,000 prescribed under the Second Schedule enacted under section 163-A of the M.V. Act, therefore, the application filed under section 163-A of the M.V. Act was not maintainable and as such award deserves to be set aside.