- (1.) THIS appeal is directed against the judgment and award dated 7.8.2006 passed by the Motor Vehicle. Accident Claims Tribunal, Hazaribagh in Claim Case No. 38 of 2000 whereby he has assessed compensation of Rs. 9,97,9980/ and holding that it was a case of head on collision, 50% of the compensation amount has been deducted and directed that the compensation payable to the claimants -appellants shall be Rs. 4,98,9801 -. The appellants have preferred this appeal for enhancement of compensation. The brief facts of the case are as under:
(2.) ON 5.1.2000 the claimant -appellant No. 1:and his family members we're going to Barkatha from Hazaribagh by Ambassador car being registration No. BR20A -7557 being driven by one 'Daud Ansari (deceased). The car was going in normal, speed and upwards towards Barkatha. When the car reached near village Srinagar a tanker bearing registration No. BEY -6341 coming in very high speed and in negligent manner dashed the said car in full speed as a result of which the gate of the car opened and the occupants of the car sustained injuries and died in the car itself. The claimants' case was that the accident took place due to rash and negligent driving of the tanker, which dashed against the car. Several claim cases were filed and we have been informed that those cases have been settled by the Insurance Company and compensation amount have been paid. Mr. Shamim Akhtar, learned counsel appearing for the appellants assailed the impugned judgment and award on two grounds. Firstly, learned counsel contended that since accident took place because of rash and negligent driving of the tanker, which is a heavy vehicle, the liability ought not to have been apportioned in between the tanker and the car. Secondly, learned counsel submitted that the Tribunal has not correctly assessed the compensation amount and has committed error of law in taking average income of the deceased for the purpose of calculation of annual income.
(3.) SO far, second ground taken by the appellants is concerned, from perusal of the judgment it appears that several documents including income tax returns were filed and exhibited by the claimants showing the income of the deceased. The Tribunal found that in the assessment year 1996 -1997 the annual income of the deceased after deducting tax comes to Rs. 40,400/ -, whereas for the assessment year 1999 -2000, the gross annual income of the deceased as shown in the income tax return was Rs. 1,81,240/ -, out of which the net payable tax was amounting to Rs. 45,879/ -. In this way, after deducting the tax, the annual income of the deceased for the financial year 1999 -2000 comes to Rs. 1,35,361/ -. The Tribunal added the income of these two financial years and divided it by two for the purpose of ascertaining the average annual income of the deceased and taking the same as annual average income of the deceased, compensation was assessed.;