KALAM BAI Vs. GAUTAM NIRMALKAR

JUDGEMENT

(1.) Invoking the appellate jurisdiction of this Court under Section 173 of the Motor Vehicle Act, 1988, (for short 'the M.V. Act') appellants/claimants have challenged the award dated 27/07/2000 passed by 5th Additional Motor Accident. Claims Tribunal, Durg (for short 'Claims Tribunal') in Claim Case No. 77/1999. The facts, briefly stated are as under:--

(2.) Mr. Amiyakant Tiwari, learned counsel appearing for the appellants/claimants would submit that the deceased was working in Bhilai Steel Plant and earning Rs. 8996.43 per month, which was proved by Salary Slip of deceased-Ram Prasad Verma vide Exhibit- P/7, but the learned Claims Tribunal has assessed the monthly income of the deceased- Ram Prasad Verma as Rs. 5,000, which is on the lower side and it be enhanced suitably.

(3.) Per contra Mr. G.V. Krishna Rao, learned counsel appearing for the respondent No. 3/Insurance Company supported the award stating inter alia that the impugned award is strictly in accordance with law and no interference is called for in exercise of appellate jurisdiction under Section 173 of the M.V. Act.