J.K. Ranka, J. - (1.) INSTANT civil misc. appeal has been filed by the claimants/appellants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 11/03/2005 passed by the Motor Accident Claims Tribunal, Jaipur and Judge, Essential Commodities Act, Jaipur (for short 'Tribunal') in claim case No. 614/2004 (2287/2001), whereby the Tribunal has partially allowed the claim petition filed by the claimants/appellants and granted an award of Rs. 8,32,000/ - as compensation in favour of the claimants/appellants.
(2.) THE brief facts, as emerging on the face of record, are that on 06/08/2001 Mr. Jogendra Singh Kapoor was going by Scooter bearing No. RJ -14 -22M -5558 with moderate speed and on the correct (left) side of the road, when he reached in front of L.B. Engineering Works, a truck bearing No. RJ -14 -G -9409, which was coming from Khatipura side and was being driven by one Mr. Sampat Singh -respondent No. 1 in a rash and negligent manner with high speed, hit the Scooter and on account of the said accident Mr. Jogendra Singh sustained grievous injuries and thereafter died and his Scooter was also badly damaged. An FIR to this effect was registered in the concerned Police Station and thereafter, a challan was also filed in the competent Court against the respondent No. 1 Sampat Singh.
(3.) THE Tribunal after analyzing the evidence & materials available on record, came to the conclusion that the deceased was an Income Tax payer and for the period when he was alive, considering last Income Tax return accepted the income shown by the deceased at Rs. 68,240/ -, which was mentioned in the return filed by the claimant/appellant for the year 2000 -2001.;