SONALBEN Vs. NARANBHAI CHANANBHAI BABARIYA

JUDGEMENT

(1.) The original claimants as appellants have challenged the judgment and award dtd. 30/6/2018 passed in the M.A.C.P. No.205 of 2007 by the Motor Accident Claims Tribunal (Auxiliary) at Gondal.

(2.) Mr.Monal Chaglani, learned advocate has challenged the impugned judgment and award on the ground that the learned Tribunal has not considered the oral as well as documentary evidence on record and has not considered the income aspect in accordance with the judgments of the Hon 'ble Apex Court where the income tax returns were produced before the Court. According to Mr.Chaglani, the learned Tribunal has erred in considering the aggregate income of the deceased for the last three years and has not even considered the mother of the deceased as dependent while both the parents were dependent on the deceased son. He further submitted that the Tribunal has totally discarded the evidence and has erred in not considering the parents as dependent and only granted a lump-sum amount of Rs.50,000.00=00, which could have been granted even under Sec. 140 of the Motor Vehicles Act. In support of the submission to consider the parents as dependent, Mr.Chaglani has relied upon the following judgments :

(3.) Countering the argument, Mr.Daxesh Mehta, learned advocate appearing for the Insurance Company submitted that the learned Tribunal has given reasons for not considering the parents as dependent and further it has been submitted by Mr.Mehta, relying upon the judgment of the Division Bench of this Court in the case of Bhavnaben Shaileshbhai Rank vs. Mahmadmkhan Mahmadjallaudinkhan Pathan (First Appeal No.3508 of 2021, decided on 6/12/2021), that if at all the income of the deceased has to be considered, then the aggregate income for the last three years is required to be assessed since there is no evidence to support the ITRs filed by the deceased.