May an Appellate Court under the Motor Vehicles Act admit additional evidence of the deceased’s income at a belated stage?

Yes. Under Order XLI Rule 27(1)(b) of the Code of Civil Procedure, 1908, an Appellate Court may take additional evidence on record where required to enable it to pronounce judgment or for any other substantial cause; given that the MV Act is a beneficial, welfare-oriented legislation and Section 169 permits a summary procedure, belated additional evidence bearing on just compensation under Section 168 may be received.

Motor Vehicles Act, 1988 — compensation for death and injury — contributory negligence — additional evidence on appeal — criminal acquittal does not control MACT finding — Held: A benefit-of-doubt acquittal of the bus driver in the criminal trial does not displace the prima facie case of rash and negligent driving established by the FIR and Charge Sheet; criminal and MACT proceedings operate on different standards of proof, and the Tribunal's finding attributing the accident to the bus driver's negligence was restored. (¶20, 22.1) additional evidence on appeal — beneficial legislation — Held further: An Appellate Court may admit additional evidence under Order XLI Rule 27(1)(b) CPC where necessary to pronounce judgment or for any other substantial cause; given the welfare-oriented character of the MV Act and the summary procedure under Section 169, belated additional evidence of income was admitted to determine just compensation under Section 168. (¶24) compensation enhanced — Held further: Compensation for the death of the claimant's husband was enhanced to Rs. 50,81,876 with interest at 6% per annum from the date of the claim petition; the appeals were allowed/confirmed as modified accordingly. (¶28-30)

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