PARVATI DEVI Vs. BALDEV SINGH & ORS.

JUDGEMENT

(1.) THE Appellant is aggrieved by an order dated 07.03.2005 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a Claim Petition filed under Section 163 -A of the Motor Vehicles Act, was dismissed solely on the ground that the Claim Petition was not maintainable as the deceased's income was claimed to be more than Rs. 40,000/ - per annum. It is urged by the learned counsel for the Appellant that before the Claims Tribunal the income of the deceased as a driver was claimed at Rs. 3,000/ - per month. No proof of the deceased's income was filed by the Appellant. The Appellant Parvati Devi, as her own witness testified that her son was earning Rs. 5,000 -6,000/ - per month, that is why the Claim Petition was dismissed.

(2.) IN the Claim Petition, the income of the deceased was claimed as Rs. 3,000/ - per month but there was no cogent evidence produced in support thereof.

(3.) IN view of this the Appeal is allowed; the impugned order is set aside and a compensation of Rs. 1,97,760/ - is awarded towards loss of dependency (1545 x 2/3 x 12 x 16).