INDU MALHOTRA,J. - (1.) Leave granted. The present civil appeal has been filed by the Claimants/Dependents of one Harish Singh Arya, who died at the age of 35 years in a motor vehicle accident on 18.06.2007.
(2.) On 18.06.2007, the deceased Harish Singh Arya had taken his uncle Govind Lal Arya, an Enforcement Officer for Passenger Tax, Champawat for inspection in his taxi. The taxi had stopped on the side of the road at Village Chandini near Tanakpur ­ Khatema Road, Uttarakhand. The deceased had gone to answer nature's call on the side of the road, when at about 2:30 p.m., one Tata Sumo bearing No. UP 02D5208, being driven at a high speed from the wrong side of the road, hit the deceased, and seriously injured him. The Enforcement Team was able to stop the offending vehicle, however the driver of the vehicle fled from the spot. While Harish Singh Arya was being taken to Bareilly for hospitalization, he succumbed to his injuries. The F.I.R. of the accident was lodged by Mr. Govind Lal Arya, the uncle of the deceased, at P.S. Banbasa.
(3.) The Claimants filed a Claim Petition before the Motor Accident Claims Tribunal, Haldwani ­ Court of First Fast Track, Additional District Judge, Haldwani, District Nainital (MACT) being Compensation Claim No. 158 of 2007 for compensation on behalf of five dependents i.e. the widow, two minor daughters, and the parents of the deceased. The Claimants submitted that the deceased owned two taxis from which he earned approximately Rs. 1,00,000 p.a. after deduction of all expenses. The road accident was proved by the oral testimony of the eyewitness Shri Govind Lal Arya (PW2), who was accompanying the deceased, and had lodged the F.I.R. With respect to payment of compensation, the Claimants submitted that the deceased owned two taxis, which generated an income of Rs. 1,00,000 p.a. The R.T.O., Motor Vehicles Department, Haldwani produced certificates of both the vehicles bearing No. UP02D5111 and UP04D0111 before the MACT, which showed that the vehicles were purchased by the deceased Harish Singh Arya, and were registered in his name. The Claimants filed four Income Tax Returns (ITRs) of the deceased for the years 200203, 200304, 200405, and 200607. The ITR for the year 200607 was Rs. 98,500 p.a. A photocopy of the ITR bearing the stamp of receipt from the Income Tax Department, was placed on record.;