RUKMANI JETHANI Vs. GOPAL SINGH

JUDGEMENT

(1.) Leave grante.

(2.) At 1.30 p.m. on 14/9/2005, Motilal Jethani met with an accident while he was driving a motor cycle. He was hit by a speeding bus. He sustained injuries due to which he died.

(3.) The appellants filed a claim petition seeking compensation of Rs.25,62,000.00. Motilal Jethani was aged 40 years at the time of death and had a monthly income of Rs.7,000.00 from Bardana and dairy business, according to the appellants. Income Tax Returns (ITR) for the Financial Years 2002-2003, 2003-2004, 2004- 2005 were produced before the Motor Accidents Claims Tribunal (MACT) which were marked as Exhibits 14,13 and 12 respectively. Exhibit 12 was not taken into consideration by the MACT on the ground that it was filed after the death of Motilal Jethani on 14/9/2005. The income of the deceased Motilal Jethani was determined as Rs.54,150.00 on the basis of the ITR for the Financial Year 2003-2004.