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BIBHAS RANJAN DE
Oriental Insurance Company Limited – Appellant
Versus
Rupa Agarwal – Respondent
JUDGMENT
Bibhas Ranjan De, J. - The appeal is directed against the Judgement and award passed by the Learned Motor Accident Claims Tribunal, Additional District Judge, Fast Track, 6th Court, Alipore, 24 Pargans (South), in connection with MAC No. 03 of 2009 whereby Learned Judge awarded compensation to the tune of Rs. 11,32,956/-.
2. The claim petition under Section 166 of the Motor Vehicles Act, on account of death of Vinay Kumar Agarwal in a motor accident on 16.04.2004 while he was travelling by a scooter as pillion rider was knocked down by the vehicle number OR-09D-2851d(Tipper) as a result, he died . At the time of death deceased was aged about 56 years having income of Rs. 2,63,700/- per annum from his commission agent business for supply materials to different companies. Accordingly, claimants i.e. widow of deceased and her daughter filed claim application with a prayer for compensation to the tune of Rs. 14,20,000/-.
3. Though owner of the offending vehicle did not contest the case but oriental Insurance company i.e insurer of the offending vehicles contested the case by filing written statement denying all material averments of the claim petition contending, inter alia, that
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.
The court emphasized the importance of considering Income Tax Returns and the deceased's actual income in determining the compensation amount in motor accident claims.
The court's decision was influenced by the consideration of income tax returns in determining the deceased's actual annual income and the subsequent recomputation of compensation.
The court emphasized that income tax returns are essential for determining compensation in motor accident claims, and the assessment must reflect just and fair compensation principles.
The main legal point established in the judgment is the significance of income tax return in determining the deceased's income and the application of statutory documents to award just compensation.
Income Tax Returns are valid self-proving documents for assessing compensation in motor vehicle accident claims.
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