SMT KULESHWARI BAI Vs. SINGH PAL SINGH

JUDGEMENT

(1.) This appeal for enhancement of compensation by the claimants is directed against the award dated 10.03.2003 passed by the learned First Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal) in Claim Case No.126 of 2002.

(2.) Since the only issue involved in this appeal is as to what is the just compensation to be granted, the other facts relating to accident are not being taken into consideration.

(3.) The claimants are parents of deceased - Tukaram Yadav, who died in an accident which took place on 28.07.2002. The claimants had filed a claim petition under Section 163 -A of the Motor Vehicles Act, 1988 (for short "the Act"), in which the learned Tribunal came to the conclusion that the income of the deceased was 3,080/ - per month and calculated the compensation accordingly. The claimants in this appeal claimed that the income of the deceased was .4,000/ - per month. If this plea of the claimants is accepted, then no claim petition under Section 163 -A of the Act would in fact lie before the Tribunal. This is a pure finding of fact and since the claim petition was under Section 163 -A of the Act, the income taken by the Tribunal brings the claim petition within the scope of Section 163 -A of the Act, otherwise, the Apex Court in Oriental Insurance Company Ltd. v. Hansrajbhai V. Kodala & Others {(2001) 5 SCC 175} has clearly held that where the income is more than 40,000/ - per annum, no claim petition under Section 163 -A of the Act can be filed.