SUMANTA Vs. SUNIL ATRI

JUDGEMENT

(1.) THIS is the claimants' appeal whose claim under Section 163 -A of the Motor Vehicles Act (hereinafter referred as 'the Act') had been dismissed by the Motor Accident Claims Tribunal, Gurgaon vide award dated 27.02.2006 on the ground that the monthly income of the deceased was over Rs.40,000/ - per annum.

(2.) THE issue involved in the present appeal is short. The claimants approached the Claims Tribunal with a petition under Section 163 -A of the Act seeking compensation for the death of Ganesh Kumar in the accident, which occurred on 20.03.2003. The claimants had pleaded that the deceased was earning Rs.6,500/ -per month and was a driver under respondent No.1. Additionally, he was getting Rs.100/ - per day as diet allowance. The Tribunal relying upon a Full Bench decision of Apex Court in Deepal Girishbhai Soni v. United India Insurance Co. Ltd., 2004 ACJ 934 declined the prayer and dismissed the petition.

(3.) LEARNED counsel for the claimants had urged that in Sarla Verma and others vs. Delhi Road Transport Corporation and anr., 2009 6 SCC 121, a two Judges' Bench had referred to Section 163 -A and the Second Schedule and the observations clearly show that the annual income of the deceased can be more than Rs.40,000/ - per month. He had referred specifically to para 17 of the judgment. It would be thus relevant to refer to it. It reads as under: