Motor Vehicles Act, 1988  - Section 168

Motor Accident - Compensation - Income of deceased - Proof of - Permission to produce - Deceased, a Company Director, drawing a salary of Rs. 7,500 p.m. - Further running a proprietorship concern - Claim filed for Rs. 90 lakhs - Income Tax Return for two years filed - Besides, a turn-over of his business for eight month was shown as Rs. 12.73 lakhs - Tribunal awarding Rs. 49,25000 with appropriate costs and interest @ 12% p.a. - High Court not approving the approach adopted by Tribunal in assessing income of deceased from his agency business - No income tax return was filed on this count - In terms of section 168, Tribunal is required to a fair compensation - Supreme court directed that the additional documents sought to be produced before it should be taken into evidence, as they were not available at relevant time - To sub serve interests of justice, matter of award to be considered afresh after taking additional documents as additional evidence - Matter remanded to Tribunal - Appeal allowed to such extent.

Topic(s)-Motor Accident Claim , Compensation