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R. PON KARTHIKEYAN (ADVOCATE)     07 October 2010

Need advice to prefer an appeal

Brief facts of my case:

my client sustained serious injuries in an road accident.. he was admitted as inpatient for 61 days in a local hospital..he filed a petition before the motor accident claims tribunal for compensation for the injuries he sustained...he had marked  medical bills ,transport charges bills,wound certificate etc as exhibits during the trial but he failed to  mark his income tax assessment as an exhibit..my client's version is he was earning 30000/-Pm..since he dint mark the I.T.retrns cudnt prove his income and the tribunal fixed his monthly income as Rs.5,000/-Pm..but tribunal allowed his petition and held that the R's are jointly and severally liable...the above judgment was passed on sep 2010.

Now after the above judgment my client expired in sep 2010 he succumbed o to the injuries he sustained during that accident..the accident happnd in 2008 there after he got medical treatment including an operation in 2008 and due to that operation he had to take treatments in jan 2010 and may 2010 at different intervals.. he was alive during the judgment...Now what is the remedy available for his legal heirs? can i file an appeal against the order of tribunal with an application to mark the IT returns as an exhibits for enhancement? or is there any alternative remedy..Pls clarify.. 


 1 Replies

Jayesh Bheda (Advocate)     19 October 2010

The court would have refused to mark the IT returns as the applicant would not have been able to prove the same.

Ofcourse, you can raise the issue of admissiblity of IT returns in appeal stating the the tribunal did not appreciate the evidence properly and if HC admits the IT retruns there can be enhencment in the quantum.

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