Shri. Jayantilal Lalji Gala And ... vs S. Jasvinder Singh And Anr
2023 Latest Caselaw 7000 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.206 OF 2021

 SHRI. JAYANTILAL LALJI GALA AND ORS.                       )...APPELLANTS

          V/s.

 S. JASVINDER SINGH AND ANOTHER                             )...RESPONDENTS

 Mr.Yogendra Pendse, Advocate for the Appellants.


                                   CORAM      :    ABHAY AHUJA, J.

                                   DATE       :    13th JULY 2023

 P.C. :

1. This is an Appeal filed by the original claimants for enhancement

of compensation being aggrieved and dissatisfied by the judgment and

award dated 24th October 2019 passed by the Motor Accident Claims

Tribunal, Kalyan in Motor Accident Claim Petition No.116 of 2015.

2. Mr.Yogendra Pendse, learned Counsel for the Appellants, would

submit that the Tribunal has not considered the income of the deceased

that was disclosed in the Income Tax Returns and gone ahead and

observed that as per settled law, the income disclosed in the Income

Tax Returns is not considered as true. Learned Counsel draws the

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attention of this Court to paragraph 21 of the impugned decision in

support of his contentions.

3. Having heard the learned Counsel and having perused the

impugned decision, issue notice to Respondents, returnable on 18th

August 2023.

4. List on 18th August 2023.

5. Liberty granted to serve privately and file affidavit of service with

tangible proof thereof by the next date.

                                          (ABHAY AHUJA, J.)




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