KRISHNA SINGH, J. - (1.) This appeal has been filed against the impugned judgment and order dated 16.8.2004 passed by the Motor Accident Claim Tribunal/Additional District Judge, Court No. 5, Agra (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 843 of 2003 (Smt. Radha Devi and others v. The Oriental Insurance Company Ltd.). By means of the impugned judgment and order the Tribunal has proceeded to dismiss the aforesaid petition on following grounds; I. Petitioners filed the claim petition under Section 163 of the Motor Vehicle Act, 1988 before the Tribunal with the allegations that at the time of accident annual income of the deceased was Rs. 1,10,000/- per annum which is more than the limit (Rs. 40,000/- per annum) as mentioned in the second schedule of Section 163-A of the 1988 Act. Therefore, the claim petition was not maintainable under Section 163-A of the 1988 Act. II. The evidence adduced by the petitioners in respect of the accident is self contradictory upon which reliance can not be placed.
(2.) We have heard learned counsel for the parties and perused the record.
(3.) Brief facts giving rise to the instant appeal are that on 24.6.1999 the deceased Kundan Singh was travelling in Tanker No. U.P. 85 9307 being the owner of the aforesaid tanker and supplier of Koltar and he was going to Bah to supply the Koltar in Public Works Department. On returning from Bah, the deceased was sitting on the tool box of the tanker and at that time the tanker was being driven rashly and negligently by the driver as a result of which the deceased fell down on the road from the tanker and died due to injuries sustained. The said accident had occurred due to rash and negligent driving of the driver of the tanker.;