Praveen Jain v. Smt. Kiran Devi And 3 Others

Heard learned counsel for the appellant.

The instant appeal has been filed against the impugned award dated

16.12.2025 passed by the Motor Accident Claims Tribunal in MACP No. 325 of 2015 (Smt. Kiran Devi and another vs. Praveen Jain and others).

Learned counsel for the appellant/owner of the vehicle has submitted that the aforesaid petition is not maintainable under Section 163-A of the Motor Vehicle Act, 1988. Whereas the limitation for filing the petition under Section 163-A of the Act, 1988 is of Rs. 40,000/- per annum. However, learned Tribunal in the issue No.1 has considered the income of the deceased as Rs. 40,000/- per annum. This is in consonance with the provisions of Law u/s 163-A of the Act, 1988.

The second submission made by the learned counsel for the appellant is that there is no documentary evidence in support of the income of the deceased and the same is only oral averment of his wife. However, in absence of any documentary evidence, the oral evidence is admissible before the court of law. The statement of wife is the better evidence as far as the income of her husband is concerned.

The third submission made by learned counsel for the appellant is that even the accident that has been proved by the cogent evidences is not supported either by oral or by documentary evidence. However, these are mixed questions of fact and law which has been decided after appreciation of the evidences produced before the learned Tribunal at the time of final hearing of the appeal. 2 FAFO No. 431 of 2026

Matter requires consideration.

Admit.

Issue notice to the respondents No. 1 to 4. Steps be taken within two weeks by registered speed post/A.D.

Summon the photo-stat copy of the record of Tribunal after the amount is deposited and disbursed to the claimants in terms of this order.

Requirement of filing formal paper book is dispensed with.

The appeal shall be heard after perusing the record. Learned counsel shall be at liberty to refer the relevant documents from record at the time of hearing.

Until further orders of this Court, the effect and operation of the award dated 16.12.2025 passed by the Motor Accident Claims Tribunal in MACP No. 325 of 2015 shall remain stayed, provided the appellant/owner of the vehicle deposits the 50% of the amount awarded by the Tribunal before the Tribunal within four weeks from today. The remaining 50% of the awarded amount shall remain stayed.

The Tribunal shall release the said amount in favour of the claimants as per the award made by the learned Tribunal immediately on filing of an application by them, without asking for any security/surety. Share of minor claimant(s) (if any), shall be invested in fixed deposit scheme till he/she/they would attain majority.

The statutory deposit of Rs.25,000/- made by the appellant before this Court shall be remitted to the Tribunal forthwith to be adjusted in the amount to be deposited by the appellant/owner of the vehicle under this order.

In case of default in depositing the amount, as directed above, the interim protection granted shall automatically stand vacated and the award shall be executed forthwith.

List after eight weeks. April 17, 2026 Vandana (Abdul Shahid,J.)