K.R. Dave, learned advocate appearing on behalf of the original claimants, under instructions has stated that the original claimants will not claim the annual income of the deceased to be more than Rs.40,000/- per annum. He has also drawn attention of the Court to the purshis dated 01.08.2006 filed before the M.A.C.T., Bhuj Kutch by the orignial claimants, wherein, the original claimants have restricted the annual income of the deceased at Rs.40,000/-.
2. In view of the above, the Tribunal concerned will not consider the annual income of the deceased to be beyond Rs.40,000/- and will, accordingly, decide the claim petition keeping in mind the decision of the Apex Court in the case of Ningamma & Anr. v. United India Assurance Co. Ltd. reported in 2009 Law Suit (SC) 806.
3. With the above observation, the petition stands disposed of. Rule is made absolute to the above extent.
[K.S.JHAVERI, J.] Pravin/* Top