A.S. CHANDURKAR, J.

1. The present appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short “the said Act”) takes exception to the Award dated 13th February, 2004 passed by the learned Member, Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 844 of 2002.

2. In an accident that occurred on 22nd August, 1999, one Jayantilal, the husband of respondent no. 1 and father of respondent nos. 2 and 3 expired. Said accident occurred when Jayantilal was riding his two wheeler and was dashed by a truck. The said truck was insured with the appellant herein. The respondent nos. 1 to 3 filed claim petition under Section 166 of the said Act seeking compensation of Rs.19,42,748-00. This claim was opposed by the appellant. After the parties led evidence, learned Member of the Claims Tribunal partly allowed the claim petition and awarded compensation of Rs. 15,84,225-00. Hence this appeal.

3. Shri D.N. Kukday, learned counsel for the appellant, made two-fold submissions:

(a) The Claims Tribunal was not justified in taking into consideration the Income Tax Returns that were filed after the death of Jayantilal. It was submitted that the Claims Tribunal took into cons