SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(SC) 1881

A. S. BOPANNA, PAMIDIGHANTAM SRI NARASIMHA
Rupali Kailas Mamode – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates Appeared:
Mr. Kailas U. More, Advocate, Mrs. Nirmala D. Borade, Advocate, Mr. Amit Garg, Advocate, Simanta Kumar, Advocate, Mr. Shashank Singh, Advocate, Mr. Dhiraj K. Sammi, Advocate, for the Appellant; Mr. Parmanand Gaur, Advocate, Mr. Vibhav Mishra, Advocate, Mr. Ekansh Bansal, Advocate, for the Respondent.

ORDER

Leave granted.

1. The appellants are before this Court seeking enhancement of compensation as against the sum awarded by the High Court. The High Court had reduced the compensation granted by the Motor Accident Claims Tribunal (For short'MACT') and ultimately awarded a sum of Rs. 19,88,476/-.

2. Heard learned counsel for the parties and perused the appeal papers. The husband of the appellant No.1 died in the accident which occurred on 31.07.2006. The deceased was aged about 32 years and was undertaking the work as a contractor though he was an architect. The MACT having taken into consideration the evidence available on record had reckoned the income based on the income-tax return for the years 20062007 wherein it was indicated that the income was s.1,67,582/-. Having taken into consideration the other parameters the MACT awarded a sum of Rs.31,15,335/-.

3. The High Court while reducing the compensation has arrived at the conclusion that the income as indicated in the last returns would not be justified and the average of three years is taken and therefore has reduced the compensation. Though learned counsel for the respondent Insurance Company seeks to contend that the High Cour

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top