DEVJIBHAI HIRJIBHAI SHIYAL Vs. DUDABHAI JIVABHAI SINGRAKHIA

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of the claimants in a proceeding under section 166 of the Act and is directed against an award dated 5th October 2004, passed by the learned M.A.C.Tribunal [Special] Porbandar in M.A.C. Petition No. 52 of 1996, thereby partly allowing the application under section 166 of the Act by awarding a sum of Rs. 2,75,000/ - with interest at the rate of 9% per annum from the date of filing of the application till realization of the amount.

(2.) IT appears from the record that on 1st February 1996, while the victim was travelling on his bicycle, the same was hit by an auto rickshaw coming from the opposite direction, as a result, the victim was seriously injured and succumbed to the injuries. In the claim application, the claimants prayed for compensation of Rs. 18.00 Lac on the allegation that the yearly income of the victim was Rs. 10 to 12 Lac as he was in the trade of shipping.

(3.) THE learned Tribunal below, on consideration of the materials on record, came to a conclusion that the claimants failed to prove that the income of the victim was Rs. 10 to 12 Lac per annum and the income -tax return that was filed was submitted long after the death of the victim on behalf of the heirs of the victim. It further appears from the record that at the time of the deposition, the son of the victim admitted that his father did not own either any motor car or even a scooter. He further admitted that at the time of death, the victim had no bank balance in his account.