SMT. HASINA Vs. SHRI NARESH KUMAR

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dated 29.11.2002 passed by the Motor Accident Claims Tribunal, Rajsamand in Claim Case No.32/2000, whereby the learned Tribunal awarded a sum of Rs.7,08,200/- as compensation to the appellants-claimants on account of the death of Hussain Bohra in the accident which occurred on 30.09.1999.

(2.) The learned Tribunal after framing the issues, evaluating the evidence and after hearing the counsel for the parties, decided the claim petition of the appellants.

(3.) Learned counsel for the appellants submits that the findings of the Tribunal on issue No.3 and 5 are incorrect on account of the fact that the deceased was a businessman and he had filed his income tax returns time to time. He submits that the income tax returns for the assessment year 1996-97 shows the income of the deceased as Rs.60,000/-, for the assessment year 1997-98 as Rs.70,750/-, for the assessment year 1998-99 as Rs.84,765/- and for the assessment year 1999-00, the income of the deceased shows as Rs. 1,05,782/-. The income tax returns were placed before the Tribunal but the Tribunal committed an error by taking into consideration the annual income of the deceased only Rs.60,000/-. Learned counsel for the appellants therefore submits that the income of the deceased should be assessed after taking into consideration the gradual growth of the business income as projected in the income tax return papers.