S.B. Sinha, J. - (1.) Leave granted.
(2.) The claimants in a motor accident claims are before us aggrieved by and dissatisfied with the judgment and award passed by a Division Bench of the High Court of Gujarat whereby and where under a judgment and award dated 13.12.2005 passed by the Motor Accidents Claims Tribunal, Fast Track Court-4, Gandhidham - Kutch in MAC Petition No. 297 of 2005 (original No. 2 of 1998) was modified.
(3.) The deceased Raj Kumar Joshi was a Director of a Company commonly known as Kandla Clearing Agency Private Limited. He was drawing a salary of Rs. 7,500/- per month. He was, however, also running a proprietorship concern carrying on business in 'Clearing and Forwarding' in the name of Ultra Clearing and Forwarding Company. Appellants filed a claim petition before the Tribunal claiming a sum of Rs. 90 lakhs as compensation in respect of the death of the said Raj Kumar Joshi who died in a motor vehicle accident and with a view to prove their case, appellants, inter alia, filed income tax returns for the assessment years 1996-97 and 1997-98 disclosing the income from salary from the Directorship in Kandla Clearing Agency Private Limited at Rs. 66,000/- and Rs. 90,000/- respectively. The said returns were accompanied by a certificate issued by the Manager/Accountant of the Company. In the said income tax returns, a sum of Rs. 12.73 lakhs was also shown as turnover of the business for eight months in respect of the said proprietorship concern. The Tribunal passed an award for a sum of Rs. 49,25,000/- with proportionate costs and interest at the rate of 12% per annum from the date of claim petition till December 2000 and thereafter at the rate of 9% per annum. Respondent No. 1 herein preferred an appeal thereagainst before the High Court questioning the correctness of the said judgment and award. ;