RAFIQ MOHMMAD Vs. RAGHUVEER SINGH

JUDGEMENT

(1.) BEING aggrieved by the inadequacy of the award dated 1.10.2002 passed by 11th MACT, Indore in Claim Case No. 83/2001, whereby a sum of Rs. 1,90,000 has been awarded, without any interest, present appeal has been filed.

(2.) LEARNED Counsel for the appellant submits that breakup of Rs. 1,90,000 is as under:

(3.) LEARNED Counsel for respondent No. 3, Mr. S.V. Dhandvate submits that amount awarded is just and proper. It is also submitted that appellant failed to prove the income as alleged by the appellant in claim petition. It is submitted that to prove the higher amount of the income, appellant has submitted returns in the Tax department for the period of four years just after the accident. Prior to that no income tax was being paid, therefore, income which has been alleged by the appellant cannot be taken into consideration. It is submitted that appellant has claimed himself as businessman, therefore, for proving income the accounts could have been filed, but the same has not been filed. It is also submitted that looking to the disability, amount awarded is just and proper.