PRAKASH GUPTA,J. - (1.) This appeal for enhancement of compensation is directed against the judgment and award dated 27.04.2017 passed by the Motor Accident Claims Tribunal, Dausa (for short 'the Tribunal'), whereby, the tribunal has awarded a sum of Rs. 19,45,000/- as compensation along with interest @ 9% per annum with effect from 18.09.2014.
(2.) Contention of the learned counsel for the appellant is that the tribunal committed an error in discarding the income tax returns of the assessment year 2011-12, 2012-13 and 2013-14, respectively, which were tendered in evidence as (Ex.24-26). The basis of discarding these material documents was that the same do not bear signatures of the deceased. The other reason given by the tribunal was that the returns have been prepared manually whereas in the relevant years, the same were submitted on-line. The reasons so assigned by the tribunal are hypothetical. After exhibiting the same, there was no justified reason for not believing in their contents, particularly when no evidence was submitted in rebuttal. However, to substantiate their averments, the claimants-appellants have submitted an application under Order 41 Rule 27 CPC for seeking permission to produce a letter issued by the income tax officer Dausa, wherein also it is mentioned that the income of the deceased in the relevant year was Rs. 155,500, 1,65,700 and 1,70,000. Therefore, a prayer was made by learned counsel for taking this document on record and for calculating the average income of the deceased for these three years, which comes to Rs. 1,63,000/- per annum. Therefore, it is prayed to enhance the amount of compensation accordingly.
(3.) Learned counsel for the Insurance Company has submitted that the claimants were negligent in submitting the certified copies of the returns of the relevant years during the trial of the claim petition. The application under Order 41 Rule 27 CPC is not maintainable at this stage, as the same has been filed to fill up the lacunae.;