ASHAN KHAN Vs. PANKAJ AND ANOTHER

JUDGEMENT

(1.) With the consent of learned counsel for the parties, heard finally.

(2.) Appellant has filed this appeal being aggrieved by the award dated 29.02.2010 by the Member, Motor Accident Claims Tribunal, Multai, district Betul in MCC No. 46/2008, whereby the claim of the appellant for grant of compensation under the provisions of Sec. 163-A of the Motor Vehicles Act (in short the Act) relating to no fault liability, has been rejected on the ground that admittedly the income of the injured was Rs.4 lacs per annum.

(3.) Learned counsel for the appellant submits that in such cases, even if, it was an admitted fact that the income of the injured was Rs.4 lacs per annum, the Tribunal should have restricted the income of the injured to Rs.40,000.00 per annum and should have allowed the application under Sec. 163-A of the Act, as the said provision is a social welfare legislation.