A ALI Vs. ABDULKHADER

JUDGEMENT

(1.) BASANT,J. This appeal is directed against the impugned award under which the claim of the appellant for compensation under Section 163A of the Motor Vehicles Act was dismissed by the Tribunal. Compensation was claimed by the appellants/claimants for loss suffered by them as a result of the death of one Sijas, son of claimants 1 and 2 and sibling of respondents 3 and 4. The Tribunal dismissed the application on the short and sole ground that the claimed income of the deceased being above Rs.40,000/-, the claim under Section 163A is not legally sustainable.

(2.) APPELLANTS claim to be aggrieved by the impugned award. What is the ground of challenge? The learned counsel for the appellant does not fairly attempt to challenge the conclusion of the Tribunal which we find is eminently supported by paragraph 67 of Deepal Girishbhai Sony v. United India Insurance Co. Ltd, (2004 (2) KLT 395 (SC)). We extract paragraph 67 below: