JUDGMENT Prakash Shrivstava, J. 1. The appeal is heard finally with the consent of Counsel for the parties. This appeal is filed by the claimant under Section of the Motor Vehicless Act, 1988 against an Award dated 27.9.2008 passed in Claim Case No. 16/2008 by the Fourth Motor Accident Claims tribunal, Ratlam. 2. The Appellant had suffered injury in the accident which had taken place on 21st June 2006 and had filed claim petition before the Tribunal. Learned Tribunal by the impugned award has awarded a sum of Rs. 2,15,000 alongwith the interest @ 9% p.a. from the date of the claim petition. 3. Learned Counsel appearing for the Appellant at the commencement of argument submitted that he has filed I.A. No. 4295/2010 under Order XLI, Rule 27, Code of Civil Procedure. The Appellant has filed Income Tax returns for the relevant period to prove the income of the Appellant and has submitted that these additional documents need consideration while calculating the income and the compensation amount payable to the Appellant. 4. The application is opposed by the Learned Counsel for the Respondent No. 3. 5. On perusal of the record, it is noticed that Appellant had filed an application under Order VII, Rule 11, Code of Civil Procedure before the learned Tribunal seeking permission to file Income Tax returns but the application was rejected by the Tribunal by order dated 22nd August, 2008. 6. On perusal of the application which was filed before the learned Tribunal, it is noticed that Appellant had given sufficient reason in the application for filing the Income Tax returns with some delay before the Tribunal, therefore, keeping in view the said explanation, Tribunal ought not to have rejected the application by order dated 22nd August 2008. On perusal of the award it is noticed that learned Tribunal has found that there is no material in respect of the income of the Appellant, therefore, granted lump sum amount on account of permanent disability suffered by the Appellant. The Income Tax returns of the Appellant placed on record, is a material piece of evidence for assessing the income of the Appellant and for calculating the compensation amount. 7. In view of the aforesaid IA No. 4295/2010 is allowed and the impugned award is set aside. The Income Tax returns of the Appellant placed on record, is a material piece of evidence for assessing the income of the Appellant and for calculating the compensation amount. 7. In view of the aforesaid IA No. 4295/2010 is allowed and the impugned award is set aside. The matter is remitted back to the Tribunal for giving the parties an opportunity to lead further evidence in the matter and to pass fresh award. 8. Parties are directed to appear before the learned Tribunal on 8th November, 2010. 9. Let original record be sent back to the Tribunal immediately alongwith the application and documents filed under Order XLI, Rule 27, Code of Civil Procedure before the Court. 10. The appeal is allowed to the extent indicated above. No order as to costs.