NEEMA Vs. SOHAN SINGH

JUDGEMENT

(1.) By way of this appeal, appellants have assailed the Award passed by the Court of learned Motor Accident claims Tribunal-I, Sirmaur District at Nahan, H.P. in M.A.C. Petition No. 132-MAC/2 of 2015, titled as Neema and another versus Sohan Singh Kangta and another, decided on 02.07.2018, vide which, the claim petition filed by the appellants under Section 163-A of the Motor Vehicles Act has been dismissed on the ground that the same was not maintainable as the claimants had failed to demonstrate that the income of the deceased was not less than the maximum limit of Rs.40,000/- per annum.

(2.) Learned Counsel for the appellants has argued that the award so passed by the learned Tribunal is not sustainable in the eyes of law as the same is contrary to the judicial pronouncements made by Hon'ble Supreme Court of India as they stand indicated in the judgment passed by Hon'ble Division Bench of this Court in FAO No. 474 of 2010, titled as Oriental Insurance Company Ltd. Versus Sh. Sihnu Ram and others, decided on 28.09.2016. Hon'ble Division Bench of this Court has categorically held that de hors the fact as to whether the income of the deceased is Rs.40,000/- or more per annum, once the claim petition has been filed by the claimant, may be under Section 163-A of the Motor Vehicles Act, the same has to be decided by the Tribunal on merit and the claim petition cannot be thrown out on flimsy grounds that the income of the deceased was Rs.40,000/- or more.

(3.) I have heard learned Counsel for the appellants and learned Counsel for respondent No. 1 and also gone through the award passed by the learned Tribunal as well as the record of the case.