- (1.) The owner Sri Pravendra Singh was driving his vehicle "Tata Sumo" and collided with a tractor, on account of which, he suffered injuries and subsequently died. The dependants of the deceased, Pravendra Singh, filed a claim application claiming compensation of Rs.22,36,768/-. The Tribunal gave an award allowing the claim application awarding Rs.6,60,000/- along with interest @ 6.5% per annum as compensation to the claimants. The Insurance Company of the vehicle TATA SUMO, being aggrieved by the said award, has filed the present appeal under Section 173 of the Motor Vehicles Act (hereinafter referred to as the "Act").
(2.) Heard Sri Saral Srivastava, the learned counsel for the appellant and Sri S.C.Kesarwani, the learned counsel for the claimants.
(3.) The learned counsel for the appellant has attacked the award on three grounds, namely:- 1.That the deceased was the owner and driving the vehicle and was not personally insured under the policy and, therefore, his dependants were not entitled for any compensation. In support of his submission, the learned counsel placed reliance on a decision of the Supreme Court in Oriental Insurance Company Ltd. vs. Rajni Devi and others, 2008 2 TAC 752(S.C.) as well as the decision of the Supreme Court in New India Assurance Company Ltd.vs. Meera Bai and others, 2006 9 SCC 174. 2.The claim application was filed under Section 163-A of the Act showing an income of the deceased at Rs.1,21,094/- which was more than Rs.40,000/- per annum and, therefore, the claim application was not maintainable in view of the decision of the Supreme Court in Deepal Girishbhai Soni and others vs. United India Insurance Co. Ltd., 2004 5 SCC 385. 3.The compensation has been awarded without any proof of income of the deceased being filed by the claimants and, accordingly, notional income of Rs.15,000/- per annum could have been awarded.;