JUDGMENT Devi Prasad Singh & S.C. Chaurasia, JJ. 1. Heard Sri B.K. Singh, learned counsel for the appellants and Sri Malay Shukla, learned counsel holding brief of Kunwar Pradeep Mohan Singh, learned counsel for the National Insurance Company. 2. Present Appeal under Section 173 CrPC, has been preferred against the impugned Award dated 10.8.1999, passed by the Motor Accident Claims Tribunal/III-Additional District Judge,Sultanpur, in Claim Petition No.78 of 1995. 3. The deceased who succumbed to injuries in the accident occurred on 27.5.1995, is stated initially, to be an employee of Delhi Public School holding the post of Sr. Lecturer (Maths.). Thereafter, he joined in G.S.L. Public School, Raj Pipla, District Baruch (Gujarat). It has been submitted that at the time when the deceased died in the accident, was the Principal in the School at Raj Pipla, Baruch, Gujarat, obtaining salary at the rate of Rs.10,250.00 per month. However, the learned Tribunal recorded a finding that the appellants claimants failed to prove the factum with regard to service rendered by the deceased as well as the academic qualification. Only High School Certificate was produced before the learned Tribunal. Hence the claim of the appellants claimants was not believed. 4. Civil Misc. Application No.51569 of 2008 (Application under Section 169 of the Motor Vehicles Act-1988, Order 41 Rule 27 read with Section 151 C.P.C.) was moved by the appellants to produce additional evidence. Respondents have not filed any objection against the said application. Hence it was allowed by this Court, vide order dated 21.10.2008 and the documents have been placed on record. Along with the said application, the appellants have filed Certificate of Intermediate Examination, 1968 of High School and Intermediate Education Board, U.P.; Marksheet of B. Sc. Part-II from Gorakhpur University; Certificate of B. Ed. Of 1974 of Gorakhpur University; Marksheet of M.A. Part-II of Oudh University, Faizabad U.P.; Marksheet of M. Sc. Part-2 of Oudh University, Faizabad U.P.; Certificate of Delhi Public School, Jagdishpur Industrial Area, Sultanpur U.P., along with experience certificate; letter dated 25.9.1993 of Vice-President of Dayanand Adarsh Vidyalay, Sanchar Vihar (I.T.I.), Mankapur, District Gonda, regarding employment as Principal of DAV School and other document which include BOBCARDS of Bank of Baroda, to point out that the deceased's salary was much more than what has been assessed by Tribunal.
The Tribunal has awarded compensation on the basis of income of deceased at Rs.1,500.00 per month on the ground that the appellants failed to prove the income of the deceased. 5. Since the application under Order 41 Rule 27 has been allowed by this Court, prima facie there appears sufficient material on record to record otherwise finding. However, learned counsel for the respondents submits that these documents have not been proved hence it cannot be taken into account for enhancement of compensation. Submission of respondents' counsel carry weight. In view of the above, it shall be appropriate that the matter be remanded to Tribunal and both parties may be given opportunities to lead evidence with regard to enhancement of compensation on the basis of material brought on record. 6. In view of the above, we set aside the impugned Award dated 10.8.1999 and remand the matter to Motor Accident Claims Tribunal, Sultanpur to decide afresh. The Tribunal shall grant opportunity to parties to adduce evidence with regard to income and service career of deceased and thereafter, shall decide the quantum of compensation afresh on the basis of evidence on record. 7. Let fresh decision be taken by the Tribunal expeditiously and preferably, within three months from the date of receipt of a certified copy of this order. The Tribunal shall permit the parties to examine witness, to prove documentary evidence in accordance with law. 8. The Registry of this Court, shall send the record to the District Judge, Sultanpur by special messenger. 9. The appeal is allowed in part.