AI Structured Summary
Not yet generated for this judgment
Judgment
Indermeet Kaur, J.—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.
Deceased Vikram Singh had died on 13.05.2008 in a road accident; his claimants had filed the present claim petition u/s 163A 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 in favour of the claimants.
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 Company Ltd. v. Som Nath and Ors., this factor was considered.
On advance notice, learned Counsel for the Respondents has put in appearance.
Claim petition has admittedly been filed u/s 163A 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 163A 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.
Dismissed.