PARMANAND JERAMBHAI DASANI Vs. HABIBKHAN HATIMKHAN

JUDGEMENT

(1.) PARTLY aggrieved and dissatisfied with the award passed by Motor Accidents Claims Tribunal (Main) Surat in MACP No. 735 of 1994, the appellant (Original-complainant) has preferred present Appeal under Section 173 of the Motor Vehicle Act for enhancement of the claim to the extent of Rs. 3,21,000/-.

(2.) THE sole question raised by the learned Advocate Mr. Anand B. Gogia, appearing for the appellant is such that the Tribunal has erred in holding that the evidence in form of Income-tax return was filed after the date of accident i.e. on 11.04.1994 and therefore, erred in discarding such evidence. Based on such finding, the Tribunal has calculated and assessed income at Rs. 2,000/- per month. Irrespective of question as to whether the income-tax return is filed before the date of accident or thereafter it needs to be noted that the appellant in his examination in-chief stated that at the relevant time of accident he was earning amount of Rs. 3400/- per month by serving as Manager in one firm known as Kiratmal Lalchand. This fact as to the service of appellant and his income has not been challenged by the opponents before the Tribunal and therefore, this statement of fact remains uncontroverted and unchallenged.

(3.) LEARNED Advocate appearing for the appellant has not challenged the award under any other counts except the award under the head of further loss of income and consequently under the head of actual loss of income.