NEW INDIA ASSURANCE CO LTD Vs. SHAMRAO

JUDGEMENT

(1.) Heard by consent upon receipt of record and proceedings.

(2.) The appeal is challenging Judgment and Award dt.30.04.2009 passed by Chairman, Motor Accident Claims Tribunal, Bhandara in M.A.C.P. No.60 of 2005 (which was instituted by claimant (Respondent nos.1 and 2) under Section 163-A of the Motor Vehicles Act. The Tribunal held appellant along with respondent nos.3 and 4 liable jointly and severally to pay compensation in the sum of Rs.2,90.000/- to the claimants along with interest @ Rs.7.5 % p.a. from the date of petition till realisation of entire amount.

(3.) It is submitted in support of the appeal that the Tribunal ought not to have permitted Claim Petition u/s.l63-A of the Motor Vehicle Act in view of income of the deceased at Rs.3,500/- per month as per his salary slip (Ex.40) and that claim could not have been allowed in favour of parents of the deceased as he was driving the insured vehicle at the time of accident to Metador bearing registration No.MH-34/A-4556 owned by respondent no.3. Learned Advocate for appellant submitted that claim u/s. 163-A of the Act cannot be entertained if income of the deceased per year was Rs.40,000/- or more. Learned Advocate for appellant does not press challenge for quantum of compensation awarded.