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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Nidhi Bhargava – Appellant
Versus
National Insurance Company Ltd. – Respondent
JUDGMENT :
AHSANUDDIN AMANULLAH, J.
Leave granted.
2. This appeal arises from the Final Judgment and Order dated 20.09.2018 (hereinafter referred to as the ‘Impugned Order’) [2018:DHC:6122 | 2018 SCC OnLine Del 11494] in MAC. APP. No.589 of 2018 rendered by a learned Single Judge of the High Court of Delhi (hereinafter referred to as the ‘High Court’) filed by Respondent No.1-Insurance Company, whereby the High Court disposed of the appeal by reducing the compensation payable to the Appellants from Rs.31,41,000/- (Rupees Thirty-One Lakhs Forty-One Thousand) to Rs.16,97,370/- (Rupees Sixteen Lakhs Ninety-Seven Thousand Three Hundred and Seventy) maintaining the interest awarded at the rate of 9% per annum.
FACTS IN BRIEF:
3. On 12.08.2008, a Blue Line bus bearing Registration No.DL-1PB-0035, being driven by one Javed Aftar in an allegedly negligent manner, hit a motorcycle bearing Registration No.DL-6SX-6483, which was being driven by Kapil Bhargava (hereinafter referred to as the ‘deceased’) along with his wife (Appellant No.1), as a result of which the deceased died in hospital and Appellant No.1 survived, but suffered grievous injuries.
4. The Appellants and other legal heirs of the d
Death in motor accident – Income Tax Return is a legally admissible document on which income assessment of deceased could be made.
Compensation for accident victims must be based on reliable income evidence, with future prospects considered in the calculation.
The central legal point established in the judgment is the significance of the latest Income Tax Return in determining 'just compensation' under the Motor Vehicles Act, emphasizing the need to consid....
1. The annual income of the deceased-victim should be determined based on the income tax return filed prior to the accident.
2. The deduction towards personal and living expenses of the deceased s....
In determining the income of a deceased person in a motor accident claim, the court may rely on income tax returns that are duly proved by the income tax authorities.
Point of law: It was further held that a prompt objection does not prejudice the party tendering the evidence as in the event of finding of the Court on the mode of proof sought to be adopted going a....
Court recalculated compensation based on estimated earnings of deceased, allowing appeal for enhanced damages.
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