MITHLESH Vs. SATBIR SINGH

JUDGEMENT

(1.) This appeal by the claimants is directed against the award dated 20.01.2005, passed by the learned Motor Accident Claims Tribunal, Rohtak, (hereinafter referred to as "the Tribunal"), vide which the claim petition filed by the claimant / appellants under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), stands dismissed as not maintainable.

(2.) The appellant/claimants claimed compensation on account of death of Mahipal in a motor vehicular accident under Section 163-A of the Motor Vehicles Act, 1988. It was claimed by the claimants that at the time of death deceased was 40 years of age, and used to earn around Rs. 18,000/- (Rupees eighteen thousand only) per month from the agriculture and dairy farming.

(3.) Keeping in view the stand taken by the appellant/claimants the income of deceased was Rs. 18,000/-(Rupees eighteen thousand only) per month, the learned Tribunal held that the claim Petition under Section 163-A of the Act was not competent.