JAYANTRI BAI Vs. TARUN KUMAR GAJENDRA

JUDGEMENT

(1.) This appeal is by the claimants under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the award 12.12.2012 passed by Additional Motor Accident Claims Tribunal, North Bastar, Kanker, in Claim Case No.18/2011 dismissing the claim of the claimants under Section 163 A of the Act being not maintainable.

(2.) As per claim petition, on 31.3.2004 Chetan Gajendra, 40 years of age, earning Rs.40,000/- per annum through agriculture, huller mill and tractor, was riding Hero Honda motorcycle bearing No. CG 05 A 5658, owned by his son non-applicant No.1 Tarun Kumar Gajendra and insured with non-applicant No.2/Oriental Insurance Co. Ltd. However, on the way, as all of a sudden some cattle came on the road, the vehicle was hit by the cattle, as a result of which Chetan Gajendra fell down from the motorcycle and suffered grievous injuries.

(3.) On claim petition being filed by the claimants, wife and children of the deceased, under Section 163A of the Act, the Tribunal considering the evidence led by the parties by the impugned award dismissed the claim petition on two grounds, firstly that income of the deceased as per evidence adduced by the claimants comes to Rs.1,58,000/- whereas for maintaining application u/s 163A of the Act, annual income should be Rs.40,000/- or below the same, and secondly, the deceased by riding the vehicle after borrowing the same from his son-owner/non-applicant No.1 had stepped into the shoes of the owner and therefore, the claimants cannot claim compensation for the death of the deceased.