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Supreme Court of India 2018-07-03 dismissed

United India Insurance Co. Ltd vs Indiro Devi & Ors

Bench: 2 — S.A. Bobde

In Brief

A deceased FCI employee died in a motor accident caused by rash and negligent driving. The Motor Accident Claims Tribunal awarded Rs. 12,90,000 based on a salary certificate showing Rs. 8,848 monthly income. The High Court increased it to Rs. 44,03,980 using income tax returns (Rs. 2,42,606 annually) with 50% increase for prospects. The Supreme Court dismissed the insurer's plea, holding that tribunals may consider both salary certificates and income tax returns when assessing just compensation for death; neither source excludes the other when both are reliable.

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Motor Accident Claims Tribunal Compensation for Death Loss of Dependence Income Assessment Insurance Civil Procedure

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