NATIONAL INSURANCE CO LTD Vs. BAISABA PREMSANG JADEJA

JUDGEMENT

(1.) By order dated 1st October, 2007 this Court issued notice to the other side for final disposal of the appeal, making it returnable today. Respondents No.1 & 2 original claimants are represented by learned advocate Mr.Shah, and respondent No.3 is represented by learned advocate Mr.Thakker.

(2.) We have heard the learned advocates for the parties.

(3.) The award under challenge is one passed by the Motor Accident Claims Tribunal [FTC-5], Kachchh at Bhuj, in Motor Accident Claim Petition No. 830/2002 under Section 163-A of the Motor Vehicles Act, and the ground of challenge by the appellant is that since, according to the claimants, the income of the deceased was more than Rs. 40,000/- per annum, the Tribunal could not have entertained the application under Section 163-A of the Motor Vehicles Act and could not have passed the award in exercise of the powers thereunder. In support of this, reliance is placed on the decision rendered in Deepal Girishbhai Soni and others vs. United India Insurance Co.Ltd. Baroda, 2004 5 SCC 385.