Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case
3 days, 22 hours ago

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case

Live Law  

The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Sarla Verma and Ors vs Delhi Transport Corporation and Anr., which provides, “the deduction towards personal and living expenses of the deceased, should be one-third where the number of dependent family members is 2 to 3, one-fourth where the number of dependant family members is 4 to 6.” Additionally, the court modified the interest rate awarded by the Tribunal from 9% to 7.5% per annum, citing the Supreme Court's decision in National Insurance Company Vs. Mannat Johal. The Court noted, “So far as the interest on the compensation amount is concerned, which the learned Tribunal has awarded 9% interest, that 9% interest is not tenable it could have been 7.5% per annum.” The High Court affirmed that the dependents entitled to compensation included Kumar's widow, two sons, and his mother. On this, the court stated, “from the evidence on record, the deceased after his death left his widow, two sons and mother, who left his four dependents upon him after his death.” Accordingly, the appeal was partly allowed and the impugned award passed by the MACT was modified only to the extent of interest payable on the amount of compensation as awarded by the Tribunal from 9% to 7.5% per annum.

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History of this topic

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC
2 weeks, 2 days ago

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC

Live Law  

Himachal Pradesh High Court: A Single Judge Bench of Justice Sushil Kukreja dismissed an appeal filed a dependent mother under the Employee's Compensation Act. However, Tata AIG, the insurer, argued that the claim was barred, as Raju's widow and daughter had already settled this claim in 2015 through an agreement before the Workmen's Compensation Commissioner. Court's Reasoning Firstly, the court …

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC
2 weeks, 2 days ago

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC

Live Law  

Himachal Pradesh High Court: A Single Judge Bench of Justice Sushil Kukreja dismissed an appeal filed a dependent mother under the Employee's Compensation Act. However, Tata AIG, the insurer, argued that the claim was barred, as Raju's widow and daughter had already settled this claim in 2015 through an agreement before the Workmen's Compensation Commissioner. Court's Reasoning Firstly, the court …

“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles Act
3 weeks, 2 days ago

“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles Act

Live Law  

Recognising the impact of inflation and the devaluation of currency over the years the Jammu and Kashmir and Ladakh High Court has emphasised the need to revise the notional income of non-earning persons as stipulated in the Second Schedule of the Motor Vehicles Act, 1988. The court reasoned, “The income of a non-earning person, as specified in the Second Schedule, …

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head
3 weeks, 2 days ago

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head

Live Law  

The Jharkhand High Court has slashed the interest rate on compensation awarded to the family of a 50-year-old barber who was struck by a mini-bus, ruling that the 12% annual interest granted by the Motor Accident Claims Tribunal, Dumka, was excessive. Justice Subhash Chand, presiding over the case, reduced the interest rate to 7.5%, stating, “The impugned Award passed by …

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
1 month ago

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs

Live Law  

The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old. The Motor Accidents Claims Tribunal awarded a compensation of Rs.5,90,750 in 2009, which the Delhi High Court enhanced to Rs 11,51,000 in 2017. Instead …

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident
1 month, 3 weeks ago

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident

Live Law  

While enhancing the compensation awarded to the family of a 33-year-old woman who died on the spot in a road accident, the Jharkhand High Court observed that future prospects must be factored into the assessment of her contribution to the household. Referring to judgments on the aspect of awarding compensation for future prospects Justice Subhash Chand in its order observed, …

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation
1 month, 3 weeks ago

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

Live Law  

The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal, Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident. The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference …

Cannot Compute Income Of 18-Yr-Old Accident Victim Based On Wages Of Unskilled Labour, Wages Of Semi-Skilled Labour To Be Considered: Rajasthan HC
1 month, 4 weeks ago

Cannot Compute Income Of 18-Yr-Old Accident Victim Based On Wages Of Unskilled Labour, Wages Of Semi-Skilled Labour To Be Considered: Rajasthan HC

Live Law  

In an appeal filed against an award passed by the Motor Accidents Claims Tribunal, the Jodhpur bench of Rajasthan High Court held that irrespective of there being no evidence on record to show that the deceased was employed, computing the income of an 18 year old based on minimum wages of an unskilled labour was unjustified. The bench of Justice …

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court
2 months ago

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court

Live Law  

The Kerala High Court has observed that the notional income of an ordinary worker has to be fixed after considering the fair wages applicable at the time of calculating the compensation and not based on his earning capacity at the time of the accident. Justice Johnson John stated that earning less than fair wages at the time of the accident …

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC
2 months ago

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC

Live Law  

Rajasthan High Court has affirmed that if there are two documents for ascertaining the income of the deceased including a salary certificate from his/her employer and his/her Income Tax Returns, the latter shall be considered by the Court since these are statutory documents signed by the deceased himself/herself. It was submitted that as per the salary certificate provided by the …

Difficult To Enforce Unrealistically High Maintenance Amount To Be Paid By Spouse Employed In Unorganized Sector: Jharkhand High Court
5 months, 1 week ago

Difficult To Enforce Unrealistically High Maintenance Amount To Be Paid By Spouse Employed In Unorganized Sector: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that awarding unrealistically high maintenance in cases involving individuals employed in the unorganised sector can lead to difficulties in realising the maintenance amount. In cases, where unrealistic high maintenance is awarded in cases of persons employed in unorganized sector, the realization of maintenance amount itself becomes a problem,” Justice Choudhary added. The counsel on …

Road accident: 10.46 lakh motor mishap claims worth Rs 80,455 crore pending nationwide, reveals RTI
7 months, 2 weeks ago

Road accident: 10.46 lakh motor mishap claims worth Rs 80,455 crore pending nationwide, reveals RTI

India TV News  

An RTI report stated that as many as 10,46,163 motor accident claims worth Rs 80,455 crore are pending across the country and their numbers have increased constantly between 2018-19 and 2022-23. The Insurance Regulatory and Development Authority of India in response to the query filed by Supreme Court advocate KC Jain in April, stated that the end of the financial …

Jeep owner to pay ₹40 lakh to accident victim’s family
8 months, 3 weeks ago

Jeep owner to pay ₹40 lakh to accident victim’s family

Hindustan Times  

MUMBAI: The Motor Accident Claims Tribunal last week directed a pick-up jeep owner to pay ₹40 lakh to the family of a 30-year-old Thane resident who died in 2018 after the pick-up jeep rammed into his motor jeep on the Murbad-Kalyan Highway. The incident occurred around 8am on January 30 when Pradeepkumar Saroj reached Bapsai village in Thane district, a …

Workmen's Compensation Act | Eligibility For Claim In Case Of Death Depends On Ability To Prove Accident Arose Out Of & In Course Of Employment: J&K High Court
9 months, 1 week ago

Workmen's Compensation Act | Eligibility For Claim In Case Of Death Depends On Ability To Prove Accident Arose Out Of & In Course Of Employment: J&K High Court

Live Law  

Delineating the critical importance of establishing a causal connection between accidents and employment in workmen's compensation claims the Jammu and Kashmir and Ladakh High Court has ruled that in case of an employee's death, claimants must demonstrate a clear link between the accident and the course of employment to be eligible for compensation under Section 3 of the Workmen Compensation …

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation
10 months, 1 week ago

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation

Live Law  

The Supreme Court recently enhanced the compensation in a motor accident claim after taking note of the fact that the deceased was deriving income from multiple jobs. Considering his age at the time of death as 52 years on the date of accident, the applicable multiplier would be as per the judgment of this Court in Sarla Verma and others …

Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court
1 year, 1 month ago

Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court

Live Law  

The Bombay High Court recently held that arrears cannot be considered while calculating a person's salary for the purpose of compensation for a motor accident. Justice Shivkumar Dige, while upholding enhancement of compensation to the family of a deceased in an accident, deducted the amount of arrears mentioned in his salary slip while calculating monthly income. The court was dealing …

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident
1 year, 4 months ago

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident

India TV News  

A family of a deceased who died in a road accident in Thane won a case in the Motor Accident Claims Tribunal in which the accused and his insurance company were ordered to provide compensation of more than Rs 1.36 crore to the petitioner. The deceased's family, including his wife, parents and sister, contended that the accident took place "due …

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore
1 year, 8 months ago

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore

Live Law  

The Delhi High Court has awarded over Rs. 65 lakh enhanced compensation to a woman who met with a motor-vehicular accident in 2011 when she was an 11-year-old school going girl. The court was hearing two appeals moved by Jyoti Singh as well as the ICICI Lombard General Insurance Corporation Limited challenging the compensation awarded by the MACT in 2011. …

Chandigarh: ₹66 lakh relief for two siblings who lost father in road mishap
1 year, 9 months ago

Chandigarh: ₹66 lakh relief for two siblings who lost father in road mishap

Hindustan Times  

A brother-sister duo who lost their father in a road accident in November 2018 have been awarded a ₹66.44-lakh compensation by the Motor Accident Claims Tribunal, Chandigarh. The tribunal has directed the owner of the car involved in the accident, Krishan Kumar of Dadumajra Colony, driver Ram Singh, hailing from Ambala, and insurer Reliance General Insurance Company Limited to pay …

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates
1 year, 11 months ago

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates

Live Law  

The Gujarat High Court recently modified the judgment and award granted by the Motor Accident Claims Tribunal on the ground that the tribunal had not complied with the directions issued by the Supreme Court, prescribing Rs. 1 lakh compensation for a minor who sustains upto 10% permanent disability in a motor accident. Dwivedi submitted that the said award granted by …

Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court
2 years, 2 months ago

Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court

Live Law  

The Supreme Court observed that 'minimum wages notification' can be considered to determine the notional income of deceased in motor accident claim cases.As per the claimants, the Deceased was a fish vendor­ cum­ driver and was earning at least Rs. The Supreme Court observed that 'minimum wages notification' can be considered to determine the notional income of deceased in motor …

Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court
2 years, 4 months ago

Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court

Live Law  

The Supreme Court observed that Motor Accident Compensation exceeding the claimed amount can be awarded.In the matter of compensation, the amount actually due and payable is to be awarded despite the claimants having sought for a lesser amount and the claim petition being valued at a lesser value, the bench comprising Justices observed.In this case, the Motor Accident Claims Tribunal …

Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court
2 years, 4 months ago

Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court

Live Law  

The Gujarat High Court recently enhanced the compensation granted by the Motor Accident Claims Tribunal to the kin of a deceased victim, who was earning in foreign currency prior to his death.The Bench comprising Justices AJ Desai and Mauna Bhatt relied on Supreme Court's decision in United India Insurance Co. Ltd. & ors. The Gujarat High Court recently enhanced the …

Motor Accident | Failure To Produce Evidence Of Deceased's Income Does Not Justify Adoption Of Lowest Tier Of Minimum Wage: Himachal Pradesh HC
2 years, 4 months ago

Motor Accident | Failure To Produce Evidence Of Deceased's Income Does Not Justify Adoption Of Lowest Tier Of Minimum Wage: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court recently observed that merely because the claimants were unable to produce documentary evidence to show the monthly income of the deceased, the same should not justify adoption of lowest tier of minimum wage while computing the income. The Tribunal had assessed deceased's monthly income as 10,000/- whereas the Appellant argued that in absence of any …

Courts and tribunals have to be alive to changing situations in awarding compensation in road accident cases: HC
2 years, 5 months ago

Courts and tribunals have to be alive to changing situations in awarding compensation in road accident cases: HC

The Hindu  

Observing that the courts and the tribunals will have to be alive to changing situations in awarding compensation in road accident cases, the High Court of Karnataka has said that it would result in grave injustice if notional income is calculated based on the parameters existed in 1992 to award compensation for the death occurred in 2013. Cost of living, …

'Litigation Dragged To Court, Reflects Sorry State Of Affairs': Jharkhand High Court On Govt Dept's Failure To Satisfy Compensation Award
2 years, 7 months ago

'Litigation Dragged To Court, Reflects Sorry State Of Affairs': Jharkhand High Court On Govt Dept's Failure To Satisfy Compensation Award

Live Law  

The Jharkhand High Court recently expressed regret over a government department's failure to satisfy the compensation awarded to the kin of a motor accident victim, following her demise due to a mishap caused by the department's vehicle.Referring to State's Public Health Engineering Department, Justice Gautam Kumar Choudhary remarked,"The instant appeal reflects a sorry state of. The Jharkhand High Court recently …

MACT awards ₹ 20.81 lakh compensation to family of man killed in road accident
2 years, 8 months ago

MACT awards ₹ 20.81 lakh compensation to family of man killed in road accident

Hindustan Times  

The Motor Accident Claims Tribunal here has awarded a compensation of ₹20.81 lakh to the family of a Chhatbir Zoo employee who died in a road accident in 2019. MACT awards ₹ 20.81 lakh compensation to family of man killed in road accident The tribunal on Thursday awarded ₹20,81,416 as compensation to victim Jasvir Singh’s widow Rita, his three children …

Motor Accident Claims: Supreme Court Reduces Compensation Granted To Govt Servant Who Continued To Work After Accident
2 years, 10 months ago

Motor Accident Claims: Supreme Court Reduces Compensation Granted To Govt Servant Who Continued To Work After Accident

Live Law  

While deciding on compensation to be paid in a case of motor vehicle accident, the Supreme Court has reduced the compensation granted by the High Court to a government servant considering that there was no permanent disability, he wasn't immobilized and he continued to work even after the accident While the compensation awarded by the Motor Accident Claims Tribunal was …

Compensation For Motor Accident Death Should Include Compensation Under Conventional Heads Including Loss Of Consortium: Telangana High Court
2 years, 10 months ago

Compensation For Motor Accident Death Should Include Compensation Under Conventional Heads Including Loss Of Consortium: Telangana High Court

Live Law  

Relying on the Apex Court decision in National Insurance Company Limited v. Pranay Sethi & Ors., the Telangana High Court recently ruled that the compensation in motor vehicle accident death claims should include amount under conventional heads viz. Brief facts of the case The claimants who are the husband and children of the deceased filed a petition under Section 166 …

Motor Accident| Veracity Of Witness Adducing Evidence Of Victim's Income Can't Be Doubted Merely Because He Appeared Sans Employer's Permission: Jharkhand HC
2 years, 10 months ago

Motor Accident| Veracity Of Witness Adducing Evidence Of Victim's Income Can't Be Doubted Merely Because He Appeared Sans Employer's Permission: Jharkhand HC

Live Law  

In a recent case seeking enhancement of compensation under the Motor Vehicle Act, 1989, the Jharkhand High Court refused to discard the testimony of a witness, General Manager at the company where the deceased used to work, merely because he appeared without permission from the Department Head.Justice Gautam Choudhary noted that the rules and protocols of official business in a …

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court
2 years, 11 months ago

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court

Live Law  

The Bombay High Court observed that while determining the compensation that the applicant would be entitled to on account of loss of future earnings, even if the applicant has not suffered total loss of income due to permanent disability. The Bombay High Court was hearing an appeal from an impugned judgement of the Motor Accidents Claims Tribunal, Palghar which had …

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court
3 years, 1 month ago

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court

Live Law  

The Supreme Court has held that even if there is no evidence on record of actual income, deceased person's potential to earn can be considered while considering insurance claims in motor accidents matter. The Motor Accidents Claims Tribunal, Ranchi in its judgement assessed the "future loss of income" of the deceased at Rs.20,000/month and on that basis arrived at a …

Motor Accidents Claim - Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate : Supreme Court
3 years, 3 months ago

Motor Accidents Claim - Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate : Supreme Court

Live Law  

While deciding on compensation to be paid in a case of motor vehicle accident, Supreme Court has observed that merely because claimants were unable to produce documentary evidence to show the monthly income of the deceased, the same does not justify adoption of lowest tier of minimum wage while computing the income. "In absence of salary certificate the minimum wage …

Motor Accident Compensation- Multiplier Which Is Relevant To The Deceased Has To Be Applied: Supreme Court
3 years, 3 months ago

Motor Accident Compensation- Multiplier Which Is Relevant To The Deceased Has To Be Applied: Supreme Court

Live Law  

The Supreme Court observed that, while computing Motor Accident Compensation, the multiplier which is relevant to the deceased has to be applied.Following the death of one J. Jeyachandran in an accident, his parents filed a compensation claim. MACT, took the multiplier at 16 since the deceased was aged 33 at the time of accident, and arrived at a sum of …

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court
3 years, 4 months ago

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court

Live Law  

The Supreme Court observed that a motor accident claim petition does not abate even after the death of the injured claimant.The right to sue survive to his heirs and legal representatives in so far as loss to the estate is concerned, the bench comprising Justices Navin Sinha and R. Subhash Reddy.The court added that the loss of estate would include …

HC enhances motor accident compensation ₹1.5 crore
3 years, 8 months ago

HC enhances motor accident compensation ₹1.5 crore

The Hindu  

The Madras High Court on Wednesday enhanced from ₹18.43 lakh to ₹1.5 crore, the motor accident compensation awarded by a tribunal to a young woman dentist, who was knocked down from her two-wheeler and run over by a Metropolitan Transport Corporation bus on April 18, 2013. The balance amount of ₹30 lakh awarded towards future medical expenses should be deposited …

Motor Accidents: Claimant Deprived Of Full Pension Of Her Husband Entitled To Compensation For Loss Of Earnings, Holds Allahabad High Court
4 years, 1 month ago

Motor Accidents: Claimant Deprived Of Full Pension Of Her Husband Entitled To Compensation For Loss Of Earnings, Holds Allahabad High Court

Live Law  

The Allahabad High Court on Monday held that a claimant widow, who is deprived of full pension of her husband because he died in a motor accident, is entitled to compensation under the head of loss of earnings. "The Tribunal ought to have considered the fact that had her husband survived, she would have got a sum of Rs.28,000/- per …

Fatal Motor Accident Cases: Principles For Computing Compensation
4 years, 5 months ago

Fatal Motor Accident Cases: Principles For Computing Compensation

Live Law  

With over 1.5 lakh deaths annually in motor accident cases in India, it is not unsurprising that claims on account of compensation for motor accident deaths is one of the most disputed arenas of litigation in the Supreme Court. In Arun Kumar Agrawal v. National Insurance Co. Ltd., the MACT gave notional income of INR 5,000/- per month to the …

How Can They Lead 'Proof Of Income'? SC Enhances Compensation To Family Of Carpenter Who Died In Accident [Read Order]
5 years, 4 months ago

How Can They Lead 'Proof Of Income'? SC Enhances Compensation To Family Of Carpenter Who Died In Accident [Read Order]

Live Law  

What proof they can lead except to lead oral evidence, remarked Supreme Court while enhancing the compensation awarded to the family of a carpenter who died in an accident.The Motor Accidents Claims Tribunal assessed the income of the deceased at Rs.1,250 per month but since no positive proof of income was led, the income of Rs.15,000 per annum was taken …

In Motor Accident Cases, Deceased Victim's Salary Cannot Be Assessed Based Upon The Fact He Was A Brilliant Student: Bombay HC [Read Judgment]
5 years, 4 months ago

In Motor Accident Cases, Deceased Victim's Salary Cannot Be Assessed Based Upon The Fact He Was A Brilliant Student: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that merely because the victim in a motor accident case was a brilliant student, his salary cannot be assessed as exemplary. Tribunal has discarded the evidence adduced by the claimants on the point of income and observed that except bare words of the witnesses, there is nothing on record to support that deceased was …

Income Tax Cannot Be Levied On Interest From Motor Accident Compensation : Bombay HC [Read Judgment]
5 years, 5 months ago

Income Tax Cannot Be Levied On Interest From Motor Accident Compensation : Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that interest awarded on compensation in motor accident cases is not 'income' and therefore not liable to be taxed under the Income Tax Act 1961. Shah filed the petition seeking Court's opinion whether income tax department was justified in taking away 30% of the interest on the compensation amount which …

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]
6 years, 1 month ago

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]

Live Law  

‘The function of the Tribunal or Court under Section 168 of the Motor Vehicles Act, 1988 is to award “just compensation”. ‘There is no restriction to award compensation exceeding the amount claimed by the claimants, the Supreme Court has held.Father, wife and two children of one Ismail, who died in a motor accident, had claimed a total compensation of Rs. …

Motor Accident Claims: Salary Certificate Not The Only Basis For Assessing Income Of the Deceased For Calculating Compensation [Read Judgment]
6 years, 6 months ago

Motor Accident Claims: Salary Certificate Not The Only Basis For Assessing Income Of the Deceased For Calculating Compensation [Read Judgment]

Live Law  

‘There is nothing in the law which requires the Tribunal to assess the income of the deceased only on the basis of a salary certificate for arriving at a just and fair compensation to be paid to the claimants for the loss of life.’The Supreme Court in United India Insurance Co Ltd v Indiro Devi has held that salary certificate …

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