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february 2012

Supreme Court of India · 2012-02-10

NEW INDIA ASSURANCE CO.LTD. vs YOGESH DEVI .

Citation / case number
SC 2009/15678
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE CO.LTD.
Respondent
YOGESH DEVI .
Author
Chelameswar
Bench
J. CHELAMESWAR P. SATHASIVAM

Judgment text excerpt

The Supreme Court upheld the High Court's decision to modify the compensation awarded to the claimants under the Motor Vehicles Act, determining that the deceased's income should be assessed at Rs.24,000 per month, leading to a total compensation of Rs.30,72,000. The Court emphasized that the lack of income tax returns from the deceased undermined the claim of a higher income, and the calculation of dependency was adjusted accordingly. The judgment confirmed the principle that compensation must reflect realistic income assessments based on available evidence.

NEW INDIA ASSURANCE CO.LTD. vs YOGESH DEVI . · Niyam