A.Chakrabarti, S.K.Gupta, JJ. - (1.) This appeal arises out of a judgment in a proceeding under section 166 of the Motor Vehicles Act. The relevant facts are that on 20.4.1999 while one Ram Avtar Yadav was standing for supervision of the loading of stone chips, all of a sudden the offending lorry came there at a high speed without giving any signal or blowing any horn and defying all traffic rules and dashed and knocked the said victim who thereby suffered severe injuries and was declared dead when he was brought to the hospital.
(2.) Learned Tribunal passed an award of Rs. 89,500 directing adjustment of amount earlier paid under section 140 of the Motor Vehicles Act.
(3.) Mr. Banik learned counsel appearing for the claimants-appellants first contended that the victim was having an income of Rs. 4,000 per month and in support of such contention reliance was placed on the documents produced before the learned Tribunal, said to be a copy of the return filed by the victim during his lifetime showing a total income of Rs. 37,450. The document though was made exhibit, was not accepted by the Claims Tribunal. On perusal of the document as we had doubt, direction was given to the Income-Tax Officer to produce the original records on the basis of the particulars available from the document being Exh. 2. The concerned Income-Tax Officer accordingly has filed an affidavit disclosing that from the Demand & Collection Register as mentioned by the claimants-appellants, did not show the necessary recording as claimed by the appellants. The signature of Income-Tax Officer shown as Exh. 2 has also been said to be not a signature of any Officer of the Department. On perusal of the said affidavit affirmed by Subhransu Mitra, who is holding the charge of Income-Tax Officer, Ward-32 (4), Kolkata, wherein IncomeTax Officer, Ward-20 (7), Kolkata has been merged, there is reason to conclude that the Exh. 2 produced by the appellants cannot be relied upon. In absence of any material we find no reason to disbelieve the statement as made in the affidavit which has been sworn by a responsible government officer.;