UMA SOLANKI Vs. SURESH CHAND

JUDGEMENT

(1.) THE Appellant impugns the award dated 15.04.2011 passed in a petition filed under Section 163-A of the Motor Vehicles Act by the Motor Vehicle Accident Claims Tribunal, whereby the Respondent No. 1 and 2 (Claimants before the Tribunal) were awarded a compensation of Rs. 5,08,500/- along with interest @ 7.5% for the death of Praveen Solanki (hereinafter referred to as the ?Deceased?) who was 23 years old, and was a driver by profession.

(2.) ON 26.10.2009 at about 5.45 A.M, the deceased was driving in a car through Ridge Road, opposite gate No.1, Budha Garden, Chankyapuri, New Delhi, when he met with an accident with a truck bearing Reg. No. MP-06E-5682. The deceased suffered grievous injuries due to the accident which resulted in his death.

(3.) THIS Court in New India Assurance Co. Ltd. v. Pitamber & Ors. (MAC.APP. No.304/2009 decided on 23.01.2012) and Pitamber & Ors. v. Nirdosh Kumar & Anr. (MAC.APP. 345/2009 decided on 23.01.2012) while relying on earlier mentioned judgments of the Supreme Court has taken a view that there is a cap on the income of `40,000/- if one approaches a Court for compensation under Section 163-A of the Act.