NEW INDIA ASSURANCE COMPANY LTD Vs. JASPREET KAUR

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company against the award of the Motor Accident Claims Tribunal, Jalandhar, dated 9.12.2002 in M.A.C.T. Case No. 40 of 2001.

(2.) This appeal was ordered to be heard with F.A.O. No. 2022 of 2003 as the point of law involved is the same as to whether petition under Section 163-A of the Motor Vehicles Act, on behalf of the claimants was competent.

(3.) The learned Counsel appearing for the appellant contended that the deceased was alleged to be earning Rs. 3,500/- per month and, therefore, it was not open for the legal heirs of the deceased to file petition under Section 163-A of the Motor Vehicles Act even on the stand of the appellant that this case was ordered to be heard along with F.A.O. No. 2022 of 2003. Learned Counsel further argued that though as per the pleadings of the claimants, the income of the deceased was to be taken as Rs. 3,000/- per month and, yet it was not open to the claimants to file petition under Section 163-A of the Motor Vehicles Act.