ORDER

1. This is an appeal filed by the appellants/claimants under section 173(1) of the Motor Vehicles Act, 1988 against the award dated 23.1.2023 passed by 26th Additional Motor Accident Claims Tribunal, Jabalpur (M.P.) in MACC No.1971/2019, whereby the learned Claims Tribunal awarded a total sum of Rs.13,84,872/- (Thirteen Lakhs Eighty Four Thousand Eight Hundred Seventy two) which is rounded off as Rs.13,84,870/- (Thirteen lakhs eighty four thousand eight hundred seventy) with interest @ 6% per annum to the appellants/claimants for the death of Rajesh Jain aged about 55 years, who died in motor vehicle accident. According to claimants i.e. appellants herein, the compensation awarded by the learned Claims Tribunal is on lower side and hence, needs to be enhanced.

2. Since, this Appeal is for enhancement in the compensation amount awarded by the Claims Tribunal, hence the question that arises for consideration is whether any case for enhancement in compensation awarded by the learned Claims Tribunal on facts and evidence adduced, is made out and if so to what extent?

3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of appellants/claimants by the Tribunal. Secondly, the findings though recorded in favour of claimants are not under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of filing an appeal or cross-objection. In this view of the matter, there is no justification to burden this order by detailing facts on all these issues.

4. As observed supra, it is a death case. On 14.4.2019, Rajesh Jain aged about 55 years, met with a motor vehicle accident and died leaving behind his wife, mother and three children, giving rise to filing claim petition by legal representatives (appellants herein), out of which this appeal arises seeking enhancement of compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and, as stated supra, awarded a sum of Rs.13,84,872/- (Thirteen lakhs eighty four thousand eight hundred seventy two), which is rounded off as Rs.13,84,870/- (Thirteen lakhs eighty four thousand eight hundred seventy) as compensation, breakup of which is as under :-

5. Learned counsel for the appellants submitted that the learned Tribunal assessed the monthly income of the deceased as Rs.9,935/- (Nine thousand nine hundred thirty five) and added 10% towards future loss of income as per law laid down by Hon'ble apex Court in the case of National Insurance Co. Ltd. v. Pranay Sethi, 2017 (4) MACD 1375. Learned counsel further submitted that learned Claims Tribunal has committed grave error in not properly appreciating the income of the deceased. Appellants have filed copy of income tax return (Ex. P/15) for the year 2018-2019 and examined Rishab Shrivas (AW-2) Tax Assistant Officer, who has stated that the deceased filed income tax return Ex.P-13 and Ex.P-15, wherein annual income of deceased is shown as Rs.3,79,606/- (Three Lakhs Seventy Nine Thousands Six Hundred Six) and the deceased used to pay income tax and there is no rebuttal in this regard. It is further submitted that the learned Claims Tribunal should have taken income tax return into consideration and then ought to have passed award in favour of the appellants. The deceased was a