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november 2010

Supreme Court of India · 2010-11-18

MOHD. AMEERUDDIN vs UNITED INDIA INSURANCE CO. LTD.

Citation / case number
SC 2004/24723
Court
Supreme Court of India
Petitioner
MOHD. AMEERUDDIN
Respondent
UNITED INDIA INSURANCE CO. LTD.
Author
Aftab Alam
Bench
AFTAB ALAM,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court held that the High Court erred in excluding the daily allowance (batta) from the deceased's income while calculating compensation under the Motor Vehicles Act. The Court emphasized that there was no evidence to suggest that the batta was not received regularly, and thus it should be included in the assessment of loss of earnings. The Court restored the Tribunal's award of Rs.5,00,000/- for loss of dependency, overturning the High Court's reduction to Rs.2,60,000/-.

MOHD. AMEERUDDIN vs UNITED INDIA INSURANCE CO. LTD. · Niyam