NATIONAL INSURANCE CO. LTD. Vs. UDAY DINKAR HARSHE

JUDGEMENT

(1.) PARTLY aggrieved by the Judgment and Award dated 12.5.2006 passed in M.A.C.P. No.1559 of 2000 by the Motor Accident Claims Tribunal (Auxiliary), Vadodara, awarding compensation of Rs.49,88,000/ to the claimants. The National Insurance Company Limited, who was opponent No.3 before the Tribunal, is in appeal before this Court, challenging the award to the extent of Rs.26,42,000/ on the following grounds:

(2.) AS against aforesaid submissions, the learned advocate for the claimants would submit that the Tribunal has properly passed the award after taking into consideration all the relevant aspects and evidence produced before it and requires no reconsideration by this Court. It is submitted that the claimant sustained serious injuries rendering him virtually vegetative and is unable to lead his normal life and the Tribunal, after taking into consideration over the minutedetails, has reached right conclusion.

(3.) HOWEVER , last mentioned income was excluded from consideration by the Tribunal since income tax return was filed after accident i.e. after 25.12.1999. Therefore, if the income of the claimant for last 3 Assessment Years hereinabove (i.e.199697, 199798 and 19992000), is taken into consideration, the total income of the claimant in three years came to Rs.2,20,205/ which divided by 3 would come to Rs.73,401.67 and thus, roughly his income was Rs.6,000/ per month.