NATIONAL INSURANCE CO. LTD. Vs. PUSHPA AND ORS.

JUDGEMENT

(1.) THE appellant, insurance company, is aggrieved by the award dt. 03.04.2013 passed by the MACT & ADJ, Kekri, District Ajmer, whereby the learned Tribunal has granted a compensation of Rs. 27,35,744/ - alongwith an interest @ 6% per annum from the date of presentation of the claim petition, i.e. from 27.11.2010, till actual payment of the compensation amount. The brief facts of the case are that the claimants -respondents, filed a claim petition stating therein that on 23.10.2010 when Kamlesh Mewara was going on foot by the side of the road, he was hit by a Ford Ikon Car No. RJ06 -CA -0186 being driven by the appellant No. 8 in a rash and negligent manner. Consequently, Kamlesh Mewara died. By award dt. 03.04.2013, the learned Tribunal awarded compensation to the claimants -respondents, as stated above.

(2.) THE learned counsel for the appellant has raised the following contentions before this Court: firstly, the learned Tribunal has erred in relying upon the Income Tax Return (Ex. 18) in order to assess the possible income of Kamlesh Mewara. For, according to the claimants -respondents, Mr. Kamlesh Mewara was engaged in two different businesses, namely in the business of explosive in Bhinai, District Ajmer, and in the business of tractor boring in Maharashtra. However, the Income Tax Return submitted by him, prior to his death, does not reveal that he was deriving his income from these two businesses. In fact, according to the Income Tax Return, he was engaged in the business of selling and buying certain commodities. But the said commodities have not been revealed by him. Thus, the Income Tax Return does not support the plea raised by the claimants that Kamlesh Mewara was engaged in two different businesses at two different places.

(3.) THIRDLY , according to the Explosive License issued by the Government of India to Kamlesh Mewara, he could not have sold the explosives to anyone. He was merely licensed for possession and use of explosive. Thus, he could not have shown the fact that he was engaged in illegally selling the explosive and making his money. It is for this reason that he does not reveal in his Income Tax Return the commodities which were being sold by him.