MAKSUD ALAM Vs. MOHD. JAVED KHAN

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 173 of the Motor Vehicles Act, (for short "MV Act") 1988 against the impugned award dtd. 19/9/2017 passed in Motor Accident Claim Case No. 25/2016 by the First Additional Motor Accident Claims Tribunal, Manendragarh, District Koriya.

(2.) The claim petition preferred by the claimants under Sec. 163- A of the MV Act alleging inter alia that on the date of accident i.e. 19/1/2015, the deceased was sitting besides the respondent No.1/driver of the offending vehicle truck bearing registration No. CG 15 AC 5300 and the respondent No.1 by rash and negligent driving caused the accident as a result of which he sustained injury on the head and subsequently died during treatment.

(3.) Learned counsel for the appellants/claimants submits that deceased was earning Rs.10,000.00 per month and upon calculating the yearly income, taking the above mentioned amount, it would come to more than Rs.40,000.00 (ie. Rs.1,20,000.00 per annum). The Tribunal on the basis of the provisions under Sec. 163-A of the MV Act has erred in dismissing the claim petition. He further submits that the learned Tribunal ought to have decided the claim petition under Sec. 166 of the MV Act.