Kamal And Others vs M.Loganathan And Others on 25 August, 2009

C.R.No.2880 of 2009


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                                 C.R.No.2880 of 2009.
                                 Decided on August 25, 2009.


Kamal and others

                                                       .. Petitioners

                 VERSUS


M.Loganathan and others.

                                                    .. Respondents

                      ***

CORAM:           HON'BLE MR.JUSTICE M.M.S.BEDI


PRESENT          Mr.Sandeep Jasuja, Advocate,
                 for the petitioners.

                 None for the respondent Nos.1 & 2.

                 Mr.R.M.Gupta, Advocate, for respondent No.3.


M.M.S. BEDI, J. (ORAL)

Since respondent Nos.1 & 2, are ex parte before the

lower Court and they are proforma respondents, their service, is

therefore, dispensed with.

This is a petition under Article 227 of the

Constitution of India, for challenging the order dated 11.04.2009, by

virtue of which the application filed by the claimants-petitioners

before the lower Court to amend the income of deceased from

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C.R.No.2880 of 2009

Rs.4,000/- per month to Rs.3300/- per month, has been declined in a

petition under Section 163-A of the Motor Vehicles Act (for short ‘the

Act’). In order to claim compensation under Section 163-A of the Act,

the factum of negligence of driver of the offending vehicle is not

required to be established and compensation can be paid if the

monthly income of the deceased does not go beyond Rs.3300/-.

The claims Tribunal has declined the said

amendment, inter alia, on the ground that it would tantamount to

withdrawing of admission and that the witnesses have already been

examined.

Mr.R.M.Gupta, counsel for insurance Company has

opposed the revision petition contending that withdrawal of

admission will cause prejudice to Company.

After considering the facts and circumstances of

this case, I am of the opinion that Section 163-A of the Act, is a

social security provision which gives a right to the claimant to claim

income of a person who has died in an accident earning Rs.40,000/-

per month, not to prove the negligence on the part of the driver of the

offending vehicle.

Taking into consideration the object of Section

163-A of the Act, it appears to be a case where the provisions that

admission once made cannot be permitted to be withdrawn is not

applicable. This case would fall in a category where a claimant

waives a particular right or gives up a claim in order to derive the

benefit of statutory provisions.

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C.R.No.2880 of 2009

In peculiar circumstances of the case, the petition is

allowed and the order dated 11.04.2009, is hereby set aside. The

income of son (PW.1 Kamal) of the deceased is permitted to be

corrected as Rs.3300/- per month, instead of Rs.4,000/- per month.

Disposed of.

(M.M.S.BEDI)
JUDGE
August 25, 2009.

rka

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