NATIONAL INSURANCE CO LTD Vs. INDU SARASWAT

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE only question in this appeal is that whether a person having income more than Rs. 40,000 per annum can maintain the claim under section 163-A of the Motor vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988')?

(3.) ACCORDING to learned counsel for the appellant in view of the decision of the hon'ble Apex Court delivered in the case of Deepal Girishbhai Soni v. United India insurance Co. Ltd. , 2004 ACJ 934 (SC), the victim having more than Rs. 40,000 annual income cannot maintain the claim under section 163-A of the Act of 1988. However, he can get the claim under section 166 of the same Act. According to the learned counsel for the appellant, section 163-A in the Act of 1988 has been inserted with the specific object to give relief to a section of the public having income up to particular level. The Hon'ble Apex Court clearly held that the income of Rs. 40,000 is the cap and no claim of such victim whose income is more than Rs. 40,000 can be entertained by Motor Accidents Claims tribunal under section 163-A.