SBCMA No.611/2004
Vinod & Ors. Vs. Rajnish & Anr.
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SBCMA No.611/2004
Vinod & Ors. Vs. Rajnish & Anr.
DATE OF ORDER : - 24.9.2008
HON'BLE MR. PRAKASH TATIA, J.
Mr. JR Choudhary,for the appellants.
Mr. Kishan Singh ]
Mr. Mukul Singhvi ], for the respondents.
In view of the reasons given in SBCMA No.172/2008
(National Insurance Co. Ltd. Vs. Smt. Indu Saraswatn &
Anr.) decided today itself, i.e., 24.9.2008, this appeal
deserves to be dismissed though on different ground as not
maintainable under Section 163A of the Act of 1988
because of the reason that claimant’s case was that the
victim was having income of Rs.5,000/- per month i.e.,
Rs.60,000/- per annum which is beyond the cap of
Rs.40,000/- provided for Section 163A of the Act of 1988.
Hence, the appeal of the appellant is dismissed.
However, if the appellant is entitled to avail any other
remedy, he shall be free to avail the remedy but only in
accordance with law.
(PRAKASH TATIA), J.
c.p.goyal/-