Full Text
Date of
JUDGMENT
SMT. CHANDERWATI & OTHERS ………..Appellants
Through: Mr.Kundan Kumar, Advocate.
……….Respondents
Through: Ms. Suman Bagga, Advocate.
1. Whether the Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be reported in the Digest? Yes INDERMEET KAUR, J. (Oral)
1 The Award impugned before this Court is the Award dated 12.07.2011 whereby a total compensation in the sum of Rs.4,80,600/- had been awarded in favour of the claimants.
2 Deceased Vikram Singh had died on 13.05.2008 in a road accident; his claimants had filed the present claim petition under Section 163-A of the Motor Vehicle Act (MV Act). After delving into the evidence both oral and documentary, the aforenoted amount along with interest @ 7.5% per annum had been awarded 2011:DHC:4699 MAC Appeal No 824/2011 in favour of the claimants.
3 Present appeal has been filed by the claimants on the ground that price rise and index inflation have not been considered and in view of judgment of this Court passed in MAC APPEAL No. 8/2011 decided on 10.08.2011 titled New India Assurance Co. Ltd. Vs. Som Nath & Others, this factor was considered.
5 Claim petition has admittedly been filed under Section 163-A of the MV Act. Para 8 of this judgment of Som Nath (supra) clearly states that the rider which has to be kept in mind is that the income which has been calculated by the Tribunal should not exceed Rs.40,000/- per annum which is a pre-requisite for the applicability of the provisions of Section 163-A of the MV Act. Thus keeping this principle in mind that the income calculated should not exceed Rs.40,000/- per annum, the impugned Award does not call for any interference.
INDERMEET KAUR, J. SEPTEMBER 14, 2011 a