SAHODRI BAI Vs. KISHORE KUMAR GOYAL

JUDGEMENT

(1.) Aggrieved by the award dated 18.1.2018 passed by Motor Accident Claims Tribunal, Janjgir-Champa in Claim Case No.13/2017 whereby application u/s 163A of the Motor Vehicles Act, 1988 (in short "the Act") of the claimants has been dismissed, the appellants/claimants have filed the instant appeal u/s 173 of the Act.

(2.) As per averments in the claim petition, on 12.10.2012 while Kanhaiyalal, aged about 28 years, earning Rs.40,000/- per annum as a driver, was driving vehicle tractor and trolley bearing No. CG 12 F 0133 at the stone quarry for the purpose of loading stones, due to failure of steering of the vehicle, it got uncontrolled and overturned as a result of which Kanhaiyalal suffered grievous injuries and succumbed to the same.

(3.) On claim petition being filed by the claimants wife and minor children of the deceased, under Section 163A of the Act, the Tribunal dismissed the same as being not maintainable only on the ground that income of the deceased has been claimed as Rs.40,000/- per annum whereas for filing a claim petition u/s 163A of the Act, annual income of the deceased has to be below 40,000/-.