IMPORTANT POINT
The court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.

JUDGMENT :

Heard Mr. M. Dutta, learned counsel for the appellant and Mr. K.K. Bhatra and Ms. L.A. Magar, learned counsel for the respondent No.1.

2. In this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant has challenged the correctness or otherwise of the judgment and award dated 27.05.2019 passed in MAC Case No.05/2017 by the learned Member, Motor Accident Claims Tribunal (MACT), Jorhat, for enhancement of the award. It is to be noted here that vide impugned judgment and award dated 27.05.2019, the learned Member, MACT, Jorhat, has directed the respondent No.1 insurance company to pay a sum of Rs.2,01,589/- after deduction of interim relief, if any, to the appellant/claimant with interest @5% per annum.

3. The back grounds facts leading to filing of the present appeal is briefly stated as under:-

“On 20.04.2016, the appellant herein was returning from Guwahati towards Jorhat in a Toyota Innova car, bearing Registration No.AS-01AM-6064. Then, at around 2:10 a.m. on National Highway No.37 near Sabjury under Golaghat P.S., the vehicle was driven by its driver in a rash and negligent manner and at a high speed and suddenly dash against a tree by the side of the road. As a result, the appellant herein sustained grievous injuries on his person. He was immediately taken to Bokakhat FRU, from where the doctors referred him to Jorhat. Accordingly, the appellant was taken to Jorhat and admitted in the All Well Hospital & Research Institute (P) Limited and attended by Dr. Bhaskar Bhagawati, who examined him and found multiple injuries with inter trochanteric fracture and he had undergone surgery there and plates and bolts were fitted to repair the inter trochanteric fracture and discharged on 27.04.2016.

Thereafter, the appellant herein filed a claim petition before the learned Member, MACT, Jorhat against the respondents. Then on receipt of notice, the respondents entered appearance and filed written statement denying the averments made in the claim petition and their liability in payment of compensation. Then, upon the pleadings of the parties, the learned Member has framed following issues:-

1. Whether the accident occurred due to rash and negligent driving by the driver of the offending vehicle, bearing Registration No.AS-01AM-6064 [Toyota Innova Gx Car]?

2. Whether the claimant Sri Pawan Kumar Jalan sustained injuries due to the said accident which occurred on 20.04.2016 at 2:10 a.m. on National Highway No.37 way at Sabjury, under Bokakhat P.S., District-Golaghat, Assam?

3. Whether the offending vehicle was duly insured with the National Insurance Company Limited at the time of accident?

4. Whether the driver of the offending vehicle had a valid and effective driving licence at the time of accident?

5. Whether the claimant is entitled to get any compensation? And, if so, to what extent and by whom it shall be paid?

Thereafter, in the course of hearing, the claimant has exhibited as many as 9 documents and also examined himself as PW-1. The respondent herein cross-examined the claimant and also the respondent No.1/O.P. No.3 exhibited the insurance policy as Exhibit-A and thereafter, hearing both the parties, the learned Tribunal decided the Issue Nos.1 to 4 in affirmative in favour of the claimant and in view of the decision in affirmative in respect of Issue Nos.1 to 4, the learned Member has found that the claimant is entitled to compensation and thereafter, assessed the compensation as under:-

And thereafter, the learned Member has directed the respondent No.1/O.P. No.3 insurance company to pay a sum of Rs.2,01,589/- being the compensation to the appellant/claimant and further provided that the amount will carry int