SURYABEN SEVANTILAL SHAH Vs. JITENDRA RAKESHCHANDRA CHAUHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 21.12.2004 passed by the Motor Accident Claims Tribunal (Main), Banaskantha at Palanpur in application Exhibit-5 filed u/s.163-A of the Motor Vehicles Act in M.A.C.P. No.501/1998 whereby, the said application was allowed in part and the appellants, original claimants, were awarded compensation of Rs.1,29,500/- along with interest at the rate of 9% per annum from the date of filing of main claim petition u/s.166 of the said Act till its realization with proportionate costs.

(2.) THE aforesaid claim petition was preferred in connection with the vehicular accident that took place on 03.05.1998 at about 1900 hrs., involving a Jeep bearing registration No. GJ-8-T-8158, owned by respondent no.1 and insured with respondent no.2-Insurance Company and in which Sevantilal Harjivan Shah had expired.

(3.) HEARD learned counsel for the parties. It is true that the Income Tax Returns produced on record were filed on date subsequent to the date of accident. However, it also would not be appropriate to assess the annual income of deceased at Rs.15,000/- notionally. Notional assessment of income is made for individuals who are not having any source of income. In the present case, the claimants have produced documentary evidence like Balance Sheets, Accounts of Purchases and Sales, Statement of total income, Counterfoils of Self-assessment tax receipts, etc. to prove income of deceased. It would not be appropriate to completely discard the aforesaid documentary evidence produced by the claimants.