IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3898 of 2009 (O&M) Date of decision : 6.8.2009 Oriental Insurance Co. … Appellant Versus Meena Devi and others …Respondents CORAM : HON’BLE MR.JUSTICE A.N.JINDAL Present: Mr.Vinod Chaudhary for the appellant. A.N.Jindal, J. (Oral) This appeal is directed against the award dated 4.3.2009 passed by Motor Accident Claims Tribunal, Narnaul, whereby a sum of Rs.4,41,500/- was awarded as compensation on account of death of Satpal, milk vendor and an agriculturist. Insurance Company (appellant herein) has maintained the claim petition could be dismissed on account of the fact that since it had come in evidence that the deceased was earning Rs.300/- per day by selling milk and by doing some agriculture work, as such the income of the deceased is proved to be Rs.9000/- P.M. and more than Rs.40000/- per annum. Resultantly, the application under Section 163-A MA was not maintainable. Heard learned counsel for the appellant. Admittedly, averments made by the claimant are that deceased was earning less than Rs.40,000/- per annum and the Tribunal has also reached the conclusion that the deceased was not earning more than Rs.40000/- per annum. PW-2, Meena Devi has also stated that the deceased was earning Rs.35,000/ to Rs.36,000/- per annum after deducting expenses from agriculture as her husband used to earn Rs.7,000/- to Rs.8,0000/- from dairy farming and agriculture. It was result of application of evidence which learned Tribunal to hold that the deceased was not earning more than Rs.40,000/- per annum. FAO No.3898 of 2009 (O&M) Mere slip of tongue or unbelievable evidence could not be treated as truth so as to excite the tribunal to take it as a gospel truth so as to treat the application not within the purview of Section 163 A of the Act. These are only the pleadings which govern the provision and not the evidence as the tribunal was not supposed to go beyond the pleadings. No grounds to interfere. Dismissed. [ A.N.Jindal ] Judge 06.08.2009 sd 2