NEERAJ Vs. SHIV CHARAN

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.4,75,000/- awarded in favour of the Appellants for the death of Surender Kumar who died in an accident which occurred on 30.08.2003.

(2.) THE ground of challenge raised by the Appellant is that although the deceased's income was proved to be Rs.54,000/- per annum (for the purpose of grant of loss of dependency), the Motor Accident Claims Tribunal(the Claims Tribunal) restricted it to Rs.40,000/-. It is urged that a Public Interest Litigation WP(C) No.749/2007 was preferred before a Division Bench of this Court. By an order dated 31.03.2008, the Writ Petition was disposed of as an assurance had been given that amendment in the Second Schedule to the Motor Vehicles Act, 1988(the Act) was under the active consideration of the Government of India.

(3.) OF course, the amendment in Section 163-A is underway. It is not known as to from which date the said amendment will have effect.