NATIONAL INSURANCE COMPANY LIMITED Vs. SHABIR AHMAD WANI

JUDGEMENT

(1.) The learned Motor Accident Claims Tribunal, Ramban on a Claim Petition filed by the claimant-Shabir Ahmad Wani, respondent No.1 in the appeal, passed an Award in favour of the claimant to the tune of Rs.3,70,000.00 along with pendentelite and future interest @ 7% per annum throughout till realization of the amount.

(2.) The award is challenged on the ground that the Tribunal has erred in holding the income of respondent No.1-Claimant as Rs.5000.00 per month. It is also argued that the remedy under Sec. 163-A of the Motor Vehicles Act can be availed by the person whose annual income does not exceed Rs.40,000.00 but in the present case the trial court has assessed the annual income of the respondent-Claimant as Rs.60,000.00 per year. In the light of said fact, the petition under Sec. 163-A was not maintainable. The medical certificate has not been issued by the Medical Board and that the disability of 40% as assessed by the doctor is of a particular part of the body and not the whole and, therefore, the disability cannot be assessed at 40%. The appellants seek setting aside of the award passed by the Tribunal.

(3.) The respondent No.1 has contested the appeal. The scanned record of the Tribunal is before the court.