Civil Revision No. 3321 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3321 of 2011 Date of Decision: 19.5.2011 *** Jitender Kaur & Ors. .. Petitioners Vs. M/s Eubiotic Consmetics & Anr. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Ravinder Malik (Ravi), Advocate for the petitioners. *** ARVIND KUMAR, J. The present petitioners are the claimants in the claim petition filed by them under the Motor Vehicles Act for grant of compensation on account of death of Mohinder Pal Singh, who was driving the motor cycle and skidded, resulting into his death. The petition was filed under Section 163-A of the Motor Vehicles Act claiming that the deceased was working with respondent No.1 M/s Eubiotic Consmetics and is getting salary of Rs.3200/- per month. The case was when at the fag end, the Insurance Company i.e. respondent No.2 filed an application for additional evidence that in fact the salary of the deceased was Rs.10,000/- per month and the claimants have wrongly alleged the same as Rs.3200/- per month to bring the case within the purview of Section 163-A of the Act ibid. The application has been allowed vide impugned order dated 13.5.2011, dis-satisfied with the same the instant revision petition has been filed by the claimants. Heard. It is not in dispute that the deceased was employed with respondent No.1. They filed the reply to the application submitting that the salary of deceased was Rs.12000/- per month and also annexed the payment of wages to him for the month of July, 2009. That be so, prima facie the claimants have not disclosed the correct salary which the deceased was Civil Revision No. 3321 of 2011 2 drawing at the time of death. In this backdrop of facts, for proper adjudication of the dispute between the parties, the application of the Insurance Company has rightly been allowed by the Court below, of course with the liberty to the claimants to rebut the additional evidence led by the Insurance Company. Dismissed. (ARVIND KUMAR) JUDGE May 19, 2011 Jiten