RELIANCE GENERAL INSURANCE CO LTD Vs. SEEMA CHOPRA

JUDGEMENT

(1.) THE instant appeal is directed against the impugned award dated 25.07.2011, whereby the learned Tribunal has awarded the compensation as under: -

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued that deceased Sanjay Chopra died on 08.06.2010 pursuant to injuries received in the accident occurred on 30.05.2010. Though, as per the Income -Tax Returns (ITR) filed for the year 2009 -10, income of the deceased was shown as Rs.4,52,325/ - and in the ITR pertaining to 2010 -11, it was shown as Rs.5,05,384/ -, despite that, the learned Tribunal has assessed the annual income of the deceased as Rs.5,00,000/ -. He further submitted that ITR of 2009 -10 was filed by the deceased himself, whereas the subsequent ITR of 2010 -11 was filed by the claimants. Hence, the learned Tribunal has wrongly assessed Rs.5,00,000/ - as annual income of the deceased as it should have been Rs.4,52,325/ - in view of the ITR filed for the year 2009 -10 by the deceased himself.

(3.) ,52,325/ and in ITR of 2010 -11, it was shown as Rs.5,05,384/ -, therefore, there is a marginal increase. 4. I note, annual income of Rs.5,05,384/ - shown in the ITR of year 2010 - 11 was assessed after deducting the TDS on the income of the deceased by the Income Tax Department. Therefore, neither it is a huge enhancement in the income of the deceased nor it can be denied in absence of any material or evidence contrary thereto led by the Insurance Company.