KALIPADA ROY Vs. SHIBANI SAHA

JUDGEMENT

(1.) THIS appeal by the owner who has been held liable to pay compensation is directed against the award dated 17 -05 -2008 passed by the learned Motor Accident Claims Tribunal, Court No. 3, West Tripura, Agartala in case No. T.S. (MAC) 246 of 2003 whereby the owner was held liable to pay compensation of Rs. 3,19,000/ - under section 163 -A of the Motor Vehicles Act.

(2.) THE main point raised by Mr. S. Bhattacharji, learned counsel appearing on behalf of the owner -appellant, is that the claim petition filed under section 163 -A of the M.V. Act itself was not maintainable because the claimants themselves have claimed that the monthly income of the deceased was Rs. 6,000/ - per month or Rs. 72,000/ - per year and, therefore, since the income is more than Rs. 40,000/ - per annum the claim petition is not maintainable. Sri Bhattacharjee has referred to a Division Bench judgment of this Court in Smt. Sukanya Kalai and others v. Sri Dilip Kr. Paul and another [MAC APP. 39 of 2003] wherein the following question was referred for decision of the Division Bench: - -

(3.) IN this view of the matter, the petition under section 163 -A of the M.V. Act is not maintainable where the income of the deceased or the injured is more than Rs. 40,000/ -.