SAPANA PARIHAR Vs. MAHESHKUMAR BATRA

JUDGEMENT

(1.) Being aggrieved by the award dated 19.2.2010 passed by Fourth M.A.C.T., Mandsaur in Claim Case No. 22 of 2009 whereby the claim application filed by the appellant for compensation on account of death of husband Arun was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that the appellant filed a claim petition alleging that Arun was husband of the appellant who died in a motor accident which took place on 3.8.2004 when the deceased was going from Nimbaheda to Neemuch. It was alleged that respondent Nos. 3 and 4 are parents of the deceased. It was prayed that claim petition be allowed and compensation be awarded. The claim petition was filed under section 163-A of the Motor Vehicles Act wherein income was mentioned as Rs. 40,000 per year meaning thereby Rs. 3,300 per month. The claim petition was contested by the respondent No. 2 on various grounds including on the ground that petition itself is not maintainable as earlier the claim petition was filed by the appellant which was dismissed and also the claim petition filed by respondent Nos. 3 and 4 under the provisions of Workmen's Compensation Act which was also dismissed. After framing of issues and recording of evidence learned Tribunal dismissed the claim petition on the ground that Tribunal is having no territorial jurisdiction and also the claim petition is not maintainable because of principles of res judicata and also the claim petition is not maintainable under section 163-A of the Motor Vehicles Act as income of the deceased was more than Rs. 40,000 per year, against which the present appeal has been filed. Learned counsel submits that on none of the grounds the claim petition could have been dismissed as not maintainable, in the facts and circumstances of the case, the appeal be allowed and impugned award be set aside.

(3.) Learned counsel for respondent No. 2 submits that no illegality has been committed by the learned Tribunal in dismissing the claim petition. It is submitted that appeal be dismissed.