UPASI SINGHA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The defect pointed out by the Stamp Reporter may be ignored inasmuch as all the persons mentioned in the

(2.) Instead of disposal of the application, we propose to hear out the appeal itself by treating it as on day's list with the consent of the learned Counsel for the parties.

(3.) At the very outset, the learned Counsel appearing on behalf of the Insurance Companies have taken a preliminary objection as to the maintainability of the application under Section 163A of the Act alleging that the claimants having asserted that the victim had monthly income of Rs. 3,500/ -, the application under Section 163A of the Act was not maintainable because such benefit is given only to those claimants whose predecessor had annual income of less than Rs. 40,000/- per annum.