The main legal point established is the importance of assessing 'just and fair' compensation under the Motor Vehicles Act, 1988, Section 168, based on income tax returns and legal precedents.

JUDGMENT :

1. With the consent of the parties, the matter is heard finally.

2. This appeal is by the claimants against the award dated 03.12.2019 passed by Additional Motor Accident Claims Tribunal, Khairagarh, District Rajnandgaon, C.G. in Claim Case No.65/2018, awarding total compensation of Rs.3,22,000/- with interest @ 6% per annum from the date of application till its realization, fastening liability on the Insurance Company. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

3. As per averments made in the claim petition, on 24.06.2018 at about 10:00 pm, after having meal, deceased Nand Dev Singh along with his friend was walking on road, however, when he reached near Amlighaad road, he was dashed from back side by vehicle Maruti Suzuki Ignis bearing registration No.CG08-AF-6476 (hereinafter called as 'offending vehicle') being driven by its driver/non-applicant No.1 in a rash and negligent manner, as a result of which, deceased- Nand Dev Singh sustained grievous injuries over his body. Thereafter, he was taken to Community Health Centre, Khairagarh where he was declared brought dead by Doctor. At the time of accident, the offending vehicle was owned by non-applicant No.2 and insured with non-applicant No.2/Insurance Company.

4. On account of sudden demise of deceased-Nand Dev Singh, a claim petition was filed by his wife and children seeking compensation to the tune of Rs.45,20,000/- on various heads, interalia, stating that at the time of accident, deceased was 62 years old and was earning Rs.1,000/- per day by running grocery shop and was also earning from agricultural work. The Tribunal considering the evidence led by both the parties passed an award as mentioned in opening paragraph of his judgment.

5. Learned counsel for the appellants/claimants submits that the Tribunal has erred in assessing the monthly income of the deceased at Rs.4,500/-, considering him as skilled labour whereas the deceased was engaged in running grocery shop and was also involved in doing agricultural work and prior to the date of incident, deceased has filed income tax returns for Assessment Years 2015-2016 (Ex.P-6C), 2016-2017 (Ex.P-7C) and 2017-2018 (Ex.P-8C), i.e. three years consecutively, but the Tribunal did not consider the same and on its own, assessed the monthly income of the deceased. However, the Tribunal ought to have assessed the monthly income of the deceased by taking into consideration the amounts shown in the said income tax returns filed by the deceased prior to his accident. Therefore, the income of the deceased needs to be reassessed suitably. He further submits that the amount awarded by the Tribunal to the claimants towards loss of consortium is also on lower side, which deserves to be enhanced suitably. Reliance has been placed on the decisions of Hon'ble Supreme Court in the matters of Smt. Anjali and Ors vs. Lokendra Rathod and Ors, 2022 LiveLaw (SC) 1012 and Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram, (2018) 18 SCC 130.

6. On the other hand, learned counsel for the respondent No.3/Insurance Company supported the impugned award and submits that the claimants have utterly failed to prove the income of the deceased. Though some documents relating to income tax returns have been filed by the claimants to show the income, but the same were not properly proved by them. He further submits that Tribunal, on proper appreciation evidence and material brought on record, has rightly awarded compensation to the claimants, which needs no interference by this Court, while admitting that no appeal has been filed by the Insurer against the impugned award.

7. Heard learned counsel for the parties and perused the material available on record.

8. As regards the income of the deceased, though it was pleaded by the claimants that deceased was earnin