June 2019

March 2019

February 2019

Accident—Income—Non mentioning of income details of deceased in FIR is not a ground for ignoring a fact of income of deceased duly substantiated by adducing evidence.

By | February 19th, 2019|Income|

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Accident—Income—Incentives and allowances even if are varied month to month are not to be deducted entirely from the salary while assessing income of deceased

By | February 19th, 2019|Income|

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January 2019

Motor Vehicles Act, 1988, S.166-Accident~Income–Proof of—Once it has come in the evidence that deceased was permanent employee of Mill, working as Fitter Helper and official of Mill has been examined, there was no reason to ignore the aforesaid evidence—Income assessed accordingly. 

By | January 25th, 2019|Income|

Comments Off on Motor Vehicles Act, 1988, S.166-Accident~Income–Proof of—Once it has come in the evidence that deceased was permanent employee of Mill, working as Fitter Helper and official of Mill has been examined, there was no reason to ignore the aforesaid evidence—Income assessed accordingly. 

Accident~Income~Deceased aged 36 years was working as truck driver—Supreme Court and High Court in various judgments had assessed the income of car/truck driver at Rs.6,000/-, 6,500/- and Rs.7,500/- per month respectively for the years 2004, 2008 and 2009~In present case, accident took place in 2010-Accordingly, income of deceased assessed as Rs.8,000/- per month.

By | January 20th, 2019|Income|

Comments Off on Accident~Income~Deceased aged 36 years was working as truck driver—Supreme Court and High Court in various judgments had assessed the income of car/truck driver at Rs.6,000/-, 6,500/- and Rs.7,500/- per month respectively for the years 2004, 2008 and 2009~In present case, accident took place in 2010-Accordingly, income of deceased assessed as Rs.8,000/- per month.

Accident—Income—Deceased was a labourer having family of 7 members—Wife on oath stated her husband was earning Rs.2500/- per month-Minimum wages payable at relevant time was Rs.2116/ – per month—Keeping in view that credibility of statement of claimant has not be demolished and deceased was supporting a large family, income of deceased taken as Rs.2500/- per month.   

By | January 6th, 2019|Income|

Comments Off on Accident—Income—Deceased was a labourer having family of 7 members—Wife on oath stated her husband was earning Rs.2500/- per month-Minimum wages payable at relevant time was Rs.2116/ – per month—Keeping in view that credibility of statement of claimant has not be demolished and deceased was supporting a large family, income of deceased taken as Rs.2500/- per month.   

Accident–Income–Mere fact that the deceased was working on temporary basis is not a ground to refuse assessment of income as per salary being received

By | January 1st, 2019|Income|

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December 2018

Accident–Income–Absence of Proof-­ Claimant claimed that deceased was aged 35 years and was an agriculturist but no documentary proof adduced—Tribunal assessed income as Rs. 6,000/ – p.m.—Minimum income of unskilled laborer in Haryana in 2012 was Rs. 4847/- —Income assessed as Rs. 5000/- p.m

By | December 9th, 2018|Income|

Comments Off on Accident–Income–Absence of Proof-­ Claimant claimed that deceased was aged 35 years and was an agriculturist but no documentary proof adduced—Tribunal assessed income as Rs. 6,000/ – p.m.—Minimum income of unskilled laborer in Haryana in 2012 was Rs. 4847/- —Income assessed as Rs. 5000/- p.m

Motor Vehicles Act, 1988, S.166–Accident–Income–Housewife–On the contribution as a home-maker there can neither be increase in future prospects nor any deduction.

By | December 9th, 2018|Income|

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Motor Vehicles Act, 1988, S. 166–Accident-Compassionate Allowance-Grant of Compassionate allowance by State Government to victim of an accident is not a ground to disallow compensation under Motor Vehicles Act.

By | December 9th, 2018|Income|

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November 2018

September 2018

Accident–income–Contention that deceased was working as a manager and was earning Rs. 20.000/- pm as proved from salary certificate-Held; No record pertaining to the receipt of salary like passbok or income tax returns was produced by the claimants—Income held to be rightly taken as Rs. 10.000/- p.m.–Compensation awarded accordingly.

By | September 24th, 2018|Income|

Comments Off on Accident–income–Contention that deceased was working as a manager and was earning Rs. 20.000/- pm as proved from salary certificate-Held; No record pertaining to the receipt of salary like passbok or income tax returns was produced by the claimants—Income held to be rightly taken as Rs. 10.000/- p.m.–Compensation awarded accordingly.

Motor Vehicles Act, 1988, S.166-Accident–income–Deceased Child aged 5 years—Notional income taken as Rs. 50,000/- and multiplier of 15 applied–Total compensation of Rs.7.65 laks awarded with interest @7.5% from date of filing claim petition.

By | September 16th, 2018|Income|

Comments Off on Motor Vehicles Act, 1988, S.166-Accident–income–Deceased Child aged 5 years—Notional income taken as Rs. 50,000/- and multiplier of 15 applied–Total compensation of Rs.7.65 laks awarded with interest @7.5% from date of filing claim petition.

August 2018

July 2018