FAO No. 5468 of 2005 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH -.- FAO No. 5468 of 2005 Date of decision: 05.02.2008 Nirmal Singh and another ...Appellants Versus Smt. Amandeep Kaur and others ...Respondents Coram: Hon'ble Mrs. Justice Nirmal Yadav -.- Present : Mr. Karamvir Singh Kahlon, Advocate for Mr. D S Pheruman, Advocate for the Appellants Mr. Hari Om Sharma, Advocate for the respondents -.- Nirmal Yadav, J. (Oral) At the time of issuance of notice of motion i.e. on 15.12.2005, learned counsel for the appellants had contended that claim petition under Section 163-A of the Motor Vehicles Act, 1988, was not maintainable, as income of the deceased was more than Rs.5,000/- per month i.e. Rs.60,000/- per annum. Learned counsel for the respondents submits that this plea of the appellants is incorrect, in view of the finding of the learned Tribunal on issue No. 4. A perusal of para 13 of the impugned Award passed by the learned Motor Accident Claims Tribunal, Amritsar, would go to show that the monthly income of the deceased has been assessed as Rs.1800/- per FAO No. 5468 of 2005 2 month, i.e. Rs.21,600/- per annum only. Therefore, the plea taken by learned counsel for the appellants with regard to income being more than Rs.40,000/- per annum of the deceased is not tenable. No ground for interference with the Award passed by the Motor Accident Claims Tribunal, Amritsar, is made out. Consequently, the present appeal is dismissed. (Nirmal Yadav) Judge February 05, 2008 mohan