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J. K. MAHESHWARI
Branch Manager, New India Assurance Co. Ltd. – Appellant
Versus
Arjun Rai – Respondent
JUDGMENT
Jitendra Kumar Maheshwari; CJ.:--
Learned Counsel appearing on behalf of the appellant has strenuously urged and stated across the Bar that in MAC App. No.10/2020, the same question has already been decided, however, the order passed in the said case would not be applicable in this case also.
The order passed in the said appeal is as under:
On perusal of the record, it reveals that the Claims Tribunal has relied upon the income certificate (Exhibit-9) issued by the Block Development Officer (BDO) showing an earning of Rs.20,000/- per month. Relying thereto and calculating the annual earning of Rs.2,40,000/-, further as per the age of the deceased adding Rs.40,000/- per annum for future prospects deducting one-half because the claimants were the parents, applying the multiplier of 18 looking to the age of deceased awarded a sum of Rs.30,24,000/- in the head of Loss of Dependency and further adding of Rs.70,000/- in conventional heads granted compensation of Rs.30,94,000/-.
Learned Counsel appearing on behalf of the Insurance Company has strenuously argued that as per the Notification issued by the State Government dated 03.04.2007, the income certificate may be issued by the BDO
The issuing authority of income certificates must be competent, shifting the onus to the opposing party to disprove its contents when relied upon by a tribunal for calculating compensation.
The reliance on an income certificate issued by a competent authority to determine compensation creates an onus on the opposing party to disprove its validity.
The Block Development Officer is authorized to issue income certificates, which must be considered valid unless contradicted by substantive evidence, ensuring just compensation under statutory guidel....
The court determined that Income-Tax Returns are essential for assessing compensation in motor accident claims and must not be overlooked; failure to do so vitiates the compensation determination.
The court ruled that statutory documents like ITR should be prioritized in income assessment for compensation calculations, including allowances and applying the correct age multiplier.
The Tribunal must actively assess the impact of permanent disability on earning capacity, and disability certificates from competent authorities should be accepted without further proof unless there ....
Claimants are required to prove their case on the touchstone of preponderance of probabilities. In a case u/s 166 of MV Act, claimants are entitled to future prospects and general damages as per the ....
The court established that proven salary certificates take precedence over minimum wage calculations in determining compensation for motor accident claims.
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