KASHINATH BETU GAWAS Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal has been filed challenging order dated 12/3/2003 passed by the Motor Accident Claims Tribunal, Mapusa in Claim Petition No. 52 of 2000 dismissing the claim petition holding that the claim petition filed under Section 163-A of the Motor Vehicle Act, 1988 by the appellants/claimants was not maintainable since the deceased Sushant K. Gawas, the son of the claimant was himself the owner of the vehicle involved in the accident. Indisputably, at the time of the accident, Sushant was not the driver of the truck but was traveling in the truck which was insured with the respondent.

(2.) By the impugned order, the Tribunal held that the claim petition under Section 163-A was not maintainable.

(3.) When the appeal came up for hearing Ms. Kantak, learned Counsel for the appellants/claimants was called upon to satisfy as to how the claim petition filed by the appellants/claimants was maintainable since the income of the deceased was mentioned as Rs. 10,000/- per month in the claim petition. In terms of second schedule to the Motor Vehicles Act, 1988, a claim petition under Section 163-A is maintainable in case of fatal accident/injury and only if the annual income of the victim is Rs. 40,000/-.