Mansoor Ahmad Mir, J.

Challenge in this appeal is to award, dated 9th May, 2012, made by Motor Accident Claims Tribunal-II (Fast Track Court), Kullu, H.P. (for short “the Tribunal”) in MAC No. 01 of 2012, titled as Sh. Mohan Lal and another versus Jhabe Ram and another, whereby compensation to the tune of Rs. 80,500/- with interest @ 6% per annum from the date of filing of petition till its realization came to be awarded in favour of the claimants and insurer was saddled with liability (for short “the impugned award”).

2. The claimants and the owner-insured of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

3. The appellant-insurer has called in question the impugned award on the grounds taken in the memo of the appeal.

4. Learned counsel for the appellant-insurer argued that the claim petition was filed under Section 163-A of the Motor Vehicles Act, 1988 (for short “MV Act”) and was not maintainable as the claimants had claimed the income of the deceased to be Rs. 8,000/- per month.

5. The argument of the learned counsel for the appellant-insurer is forceful for the reason that the Division Benc