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august 2009

Supreme Court of India · 2009-08-07

MEENABEN PANKAJKUMAR JOSHI vs NEW INDIA ASSURANCE CO.LTD.

Citation / case number
SC 2007/18242
Court
Supreme Court of India
Petitioner
MEENABEN PANKAJKUMAR JOSHI
Respondent
NEW INDIA ASSURANCE CO.LTD.
Author
S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the appeal against the Gujarat High Court's modification of a motor accident compensation award. The Court emphasized that the income from the deceased's proprietorship, Ultra Clearing and Forwarding Company, was inadequately substantiated, leading to the High Court's rejection of the Tribunal's assessment of income. The Court upheld the High Court's decision, affirming that the strict rules of evidence under the Indian Evidence Act do not apply to claims proceedings, thereby reinforcing the need for credible evidence in compensation claims.

MEENABEN PANKAJKUMAR JOSHI vs NEW INDIA ASSURANCE CO.LTD. · Niyam