UNITED INDIA INSURANCE CO. LTD. versus INDIRO DEVI & ORS.

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

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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

  1. 1 Whether salary certificate alone should be the basis for assessing the income of the deceased for compensation purposes
  2. 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.