RAMBIR AND ANOTHER Vs. MANOJ KUMAR AND OTHERS

JUDGEMENT

(1.) Present appeal is challenge to the Award dated 06.10.2010 passed by the Accident Claims Tribunal, Palwal (hereinafter to be referred as 'The Tribunal'), whereby 'The Tribunal' has dismissed the claim petition filed under Section 163-A of The Motor Vehicles Act, 1988 (hereinafter to be referred as 'The Act'), being not maintainable.

(2.) Learned counsel for the appellants took the plea that undisputedly claim petition was filed under Section 163-A of 'The Act', taking the income of the deceased was shown to be more than Rs. 40,000/- on the ground that salary of the deceased was Rs. 4,000/- per month. Later on, the said income was taken to be Rs. 3,250/- per month and as income of the deceased was scaled down and was brought within the permissible limit of Rs. 40,000/- per annum, the claim petition was maintainable but 'The Tribunal' has completely ignored this plea. In support of his arguments, learned counsel for appellants has placed reliance upon judgment from Co-ordinate Bench of this Court in case Gurmeet Kaur and others Vs. Hardeep Singh and another, 2006 ACJ 218 , wherein, the view was taken that claimants were entitled to seek such an amendment, as the same was permissible under Order 23 Rule 1 CPC to withdraw/abandon of part of claim. More so, the Motor Vehicles Act, 1988 is for welfare and same should be interpreted in a liberal manner. So, the appeal be accepted and claimants be awarded just compensation.

(3.) While arguing on this point, learned counsel for respondent No.3 took the plea that 'The Tribunal' has rightly negated the plea and there are no grounds to interfere in the said findings returned by 'The Tribunal'. So, the appeal be dismissed.