The Icici Lombard General Insurance ... vs Smt Mangala W/O Dhanapal Patil on 11 January, 2013
3. The counsel for the insurance company next
contended that the claimant himself has stated that his
monthly wages were Rs.5,000/- including batta and
therefore, the statutory limit being Rs.40,000/- annually,
the Tribunal did not have jurisdiction at all and the
Tribunal could not have scaled it down to acquire one.
This aspect has been considered by this Court in the case
of The Manager, ICICII Lombard General Insurance
Company Ltd., vs. Mangala and others in
M.F.A.No.128/2011 (MV) decided on 02.01.2017, holding
that irrespective of the claim made by the injured, it is the
Tribunal which has to decide what the wages he was
earning and therefore, the MACT has jurisdiction.
Consequently, this contention also fails.