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NARENDRA SINGH DHADDHA
Priya Devi – Appellant
Versus
Bhagirath – Respondent
ORDER
1. The present appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants-claimants (for short 'the claimants') aggrieved with the judgment and award dated 03.02.2018 passed by the Motor Accident Claims Tribunal Kishangarhbas, District Alwar (Additional District and Sessions Judge No.1, Kishangarhbas) (for short 'the Tribunal') in MAC No.67/2013, whereby the Tribunal has awarded a sum of Rs.7,49,700/- along with interest @ 6% per annum from the date of filing the claim petition in favour of the claimants on account of death of Vijay Kumar in the accident took place on 29.05.2013.
2. The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants and awarded the amount as indicated above.
3. Feeling aggrieved and dissatisfied with the impugned award, claimants have filed the instant appeal inter-alia on the various grounds.
4. Learned counsel for the claimants submitted that deceased-Vijay Kumar was running his own business in the name of M/s Vijay Bearings Khairthal and he was a partner in M/s Vijay Enterprises Khai
In determining the income of a deceased person in a motor accident claim, the court may rely on income tax returns that are duly proved by the income tax authorities.
The court emphasized the importance of considering Income Tax Returns and the deceased's actual income in determining the compensation amount in motor accident claims.
The court's decision was influenced by the consideration of income tax returns in determining the deceased's actual annual income and the subsequent recomputation of compensation.
The court determined that Income-Tax Returns are essential for assessing compensation in motor accident claims and must not be overlooked; failure to do so vitiates the compensation determination.
The court established that income tax returns are valid evidence for determining compensation in motor vehicle accident claims, emphasizing the need for accurate income assessment.
Court recalculated compensation based on estimated earnings of deceased, allowing appeal for enhanced damages.
The court emphasized that income tax returns should be considered for assessing compensation, ensuring fair and just outcomes per the Motor Vehicles Act.
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