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2021 DIGILAW 235 (RAJ)

Shanti W/o Late Mamraj v. Ratan Kanwar

2021-01-28

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. With the consent of the learned counsel for the parties, the matter is heard finally. 2. The present appeal has been preferred by the appellantsclaimants for enhancement of the compensation awarded vide judgment and award dtd. 29/1/2018 passed by Motor Accident Claims Tribunal, Bikaner in MACT Claim Case No. 59/2012 (406/2014) whereby the Tribunal has awarded a sum of Rs.2,39,260.00 along with interest @ 9% per annum in favour of the appellants-claimants on account of the accident which occurred on 4/10/2011. In the said accident, Shri Mamraj succumbed to the injuries sustained by him. Thus, the claim petition was filed by the appellants-claimants and the learned Tribunal after framing of the issues and hearing the counsel for the parties, adjudicated the compensation and awarded a sum to the tune of Rs.2,39,260.00. Learned counsel for the appellants-claimants submits that the present appeal has been preferred by the claimants on the ground that the income of the deceased Mamraj has not been assessed properly by the Tribunal, and the Tribunal erred in calculating the income of the deceased Mamraj, considering the Income Tax Return filed before it. Therefore, the compensation assessed in the present case is on a lower side. 3. On this solitary submission made by the learned counsel for the appellant, the learned counsel for the respondent-Insurance Company while opposing the contentions submitted that the Tribunal has taken into consideration all the evidence adduced before it, and after carefully scrutinizing the same, reached to the conclusion that the income of the deceased Mamraj could be considered as Rs.4030.00. He further submitted that the Tribunal, vide its order dtd. 29/1/2018, has awarded 'just compensation' in the present case. 4. I have considered the submissions made at the Bar and I have gone through the judgments as well as the records of the case. The finding of the Tribunal on issue No. 2 with respect to the consideration of the income of deceased Mamraj is not correct. It has come on record that the deceased was having a shop and was doing the business of furniture. From the business of furniture, the deceased was having the income and for the purpose, the Income Tax Returns were also produced and placed before the Tribunal. 5. A bare look of the Income Tax Returns (Ext. It has come on record that the deceased was having a shop and was doing the business of furniture. From the business of furniture, the deceased was having the income and for the purpose, the Income Tax Returns were also produced and placed before the Tribunal. 5. A bare look of the Income Tax Returns (Ext. 19) for the Assessment Year 2010-11 shows that the income of the deceased Mamraj was assessed as Rs.1,84,564.00 per annum. There was no reason for the Tribunal for not taking into consideration the same, merely on the ground that the registration certificate or any documentary evidence in support of the business undertaken by the deceased Mamraj was not produced. It cannot be said that the deceased was not having the income as the same is reflected in the Income Tax Returns. Therefore, this Court feels that the finding recorded by the Tribunal for assessing the income of deceased Mamraj as Rs.4030.00 is incorrect and the ncome reflected in the Income Tax Returns of 2010-11 is required to be taken into consideration while assessing the compensation in the present case. 6. In view of the discussion made above, the calculation for compensation to be awarded in the present case will be as follows:- 7. In view of the discussions made above, the appeal has ample force and the same is partly allowed. The appellant-claimants are entitled to get an additional amount of Rs.4,76,714.00 (Rs. Four Lac Seventy Six Thousand Seven Hundred Fourteen only). Thus, the respondent-Insurance Company is directed to pay an amount of Rs.4,76,714.00 (Rs. Four Lac Seventy Six Thousand Seven Hundred Fourteen only) in favour of the appellants-claimants, in addition to award already awarded by the Tribunal, within a period of six weeks from today. If the said amount is not paid within stipulated time, it shall carry interest @ 6% per anuum from the date of application, till the same is paid. The appeal is disposed of in the above terms.