SUMAN MALHOTRA Vs. GULFAM

JUDGEMENT

(1.) The instant appeal has been filed by the appellant by challenging the impugned order dated 16.12.2010 passed by the learned Tribunal whereby the claim petition filed under Section 163-A has been dismissed on the ground that the annual income of the deceased was much more higher than Rs.40,000/- per annum, the ceiling prescribed in Schedule-II.

(2.) The learned Tribunal has also considered the case of Rumkani Devi Vs. New India Assurance Company Ltd. and Another, 2009 ACJ 2202 and opined that in the facts and circumstance of the case, the above cited case is not applicable.

(3.) The issue before coordinate bench of this court in the case of Rukmani Devi was that whether a claim petition, wherein the claimant has claimed annual income of deceased more than Rs.40,000/- per annum is maintainable.