- (1.) Two days' delay in the filing of the appeal is condoned.
(2.) This appeal by the insurer arises out of an award dated 1,6.2006 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Jagadhri, in MACT Petition No. 5 of 2005, awarding a sum of Rs. 6,55,000/- in death case of a 57 years old Mechanical Engineer, said to be the owner of a cement factory.
(3.) Learned Counsel for the appellant, at the outset, informed that the Insurance Company was granted permission under Section 170 of the Motor Vehicles Act, 1988 (for short 'the Act') to contest the case on merit. However, he has only one submission to make, namely, that the quantum of compensation, based on the last income tax return filed after the death of the deceased, appears to be on higher side. According to learned Counsel, in earlier income tax returns, agricultural income had not been mentioned, wherein in the last income tax return filed after the death of the deceased, the agricultural income of Rs. 80,000/- was shown.;