UNITED INDIA INSURANCE CO. LTD. versus INDIRO DEVI & ORS.
The salary certificate is not to be the sole basis for assessment of the deceased's income for awarding compensation. Reliable evidence of income, such as income tax returns, must also be taken into account for a just and fair compensation.
- Parties
- Petitioner: United India Insurance Co. Ltd.; Respondents: Indiro Devi & Ors.
- Jurisdiction
- India
- Judgment Date
- 03 July 2018
- Procedural Posture
- Special Leave Petition (civil) / Appeal Against Order of High Court of Punjab and Haryana at Chandigarh
- Outcome
- Petitions dismissed; no interference with judgment of the High Court.
- Legal Topics
- Compensation for Fatal Accident, Assessment of Income for Compensation, Role of Salary Certificate and Income Tax Returns
Case Brief
Summary, issues, holding and outcome
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Parties
United India Insurance Co. Ltd.
Petitioner
Indiro Devi & Ors.
Respondents
Procedural Posture
Special Leave Petition (civil) / Appeal Against Order of High Court of Punjab and Haryana at Chandigarh
Legal Issues
- 1 Whether salary certificate alone should be the basis for assessing the income of the deceased for compensation purposes
- 2 Whether income as per Income Tax Return of the deceased can be considered for compensation assessment
Ratio Decidendi
The salary certificate is not to be the sole basis for assessment of the deceased's income for awarding compensation. Reliable evidence of income, such as income tax returns, must also be taken into account for a just and fair compensation.
Court Disposition
Petitions dismissed; no interference with judgment of the High Court.
Orders
- SLPs are dismissed.
Full Case Text
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