SISHPAL SINGH Vs. MOHD ILIYAS

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.7,77,430/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Appellant for having suffered injuries in a motor vehicle accident which occurred on 08.08.2007.

(2.) IN the absence of any Appeal by the driver, owner or the insurer, the finding on negligence has attained finality.

(3.) THE Appellant claimed his income as Rs.25,000/- per month. No document was produced by the Appellant to show that he was earning Rs.25,000/- per month. Photocopies of the Income Tax Returns were placed on record, were not relied on by the Claims Tribunal as the originals were not produced. Original Income Tax Return for the A.Y. 2006-07 returning an income of Rs.1,02,750/- was placed on the paper book along with the Appeal. The Claims Tribunal instead of rejecting the Appellant's income as per Income Tax Return, as original ITR was not produced, could have asked the Appellant to produce the original. The Appellant was paying Income Tax even after the A.Y. 2006-07. I do not find any reason to disbelieve the Income Tax Return which was filed before the date of the accident. Thus, I accept that the deceased was earning a sum of Rs.1,02,750/- per annum at the time of the accident.