CHINTA RANI JAMATIA Vs. ARUP DEBROY

JUDGEMENT

(1.) THE appellants had filed a petition under Section 163A of the Motor Vehicles Act, 1988 (for short, the Act) claiming compensation on account of death of their brother Late Sri Brajabashi Jamatia.

(2.) IN the claim petition it is alleged that the deceased was earning Rs. 50,000/ - per month. The learned Tribunal dismissed the claim petition by going into the question of negligence. In fact negligence is not an issue which is to be decided in a petition filed under section 163A of the Act.

(3.) IN view of the above discussion, the appeal is rejected on the ground that petition under Section 163A of the Act was not maintainable. Liberty is reserved to the claimants to file a petition under Section 166 of the Act, if otherwise permissible under the law.