VINODBHAI HASMUKHBHAI PATEL Vs. HIREN KANTIBHAI BHAVSAR

JUDGEMENT

(1.) The present appeal emanates from the judgement and award dtd. 5/12/2016 passed by the Motor Accident Claims Tribunal (Aux.), Surat (for short "the Tribunal") in Motor Accident Claim Petition No.175 of 2008.

(2.) The only issue, which is raised by the appellant-claimant in the present appeal, is with regard to the determination of the income of the deceased by the Tribunal at Rs.5,000.00 per month i.e. yearly at Rs.60,000.00.

(3.) Learned advocate Mr.Darji has submitted that though the documentary evidence in the form of Income Tax Return (for short "the ITR") is available showing the enhanced income of the deceased, the Tribunal has assessed the said amount of monthly income at Rs.5,000.00 and Rs.60,000.00 p.a. He has pointed out the ITR for the Assessment Year 2007-08 on mark 28/7, wherein the income of the deceased is assessed as Rs.47,514.00 and for the Financial Year 2008-09 i.e. from 1/4/2008 to 31/3/2009, the income of the deceased is assessed as Rs.97,235.00. It is submitted that the fateful accident, which consumed the life of the deceased, has taken place on 6/4/2008 and in the ITR of the same financial year ending on 31/3/2009, the income of the deceased is shown as Rs.97,235.00 hence, once the statutory document is available on record, the income of the deceased was required to be fixed at par with the ITR.