NEW INDIA ASSURANCE COMPANY LTD Vs. HARMEET KAUR

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited impugned the judgment dated 30.01.2013 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.20,91,300/ - was awarded for the death of Amarjeet Singh Chadha, who died in a motor vehicular accident which occurred on 21.06.2012 at 11:15 a.m.

(2.) THE only ground of challenge raised at the time of hearing of the appeal is that the deceased's income from business for the Assessment Years 2010 -2011, 2011 -2012 and 2012 -2013 was Rs.1,25,623.87/ -, 3,21,314.27/ - and Rs.3,77,102,79/ - respectively. The Claims Tribunal took the average of the income for the last two years since the deceased was in business and the last Income Tax Return (ITR) was filed only after the demise of late Shri Amarjeet Singh Chadha.

(3.) IT is true that ITR for the Assessment Year 2012 -2013 was filed after the death of the deceased. The accident took place on 21.06.2012 and the ITR was filed within the due date. There was about 15% increase in the business income from the previous year whereas there was increase of about 150% in the income in the immediate previous year to the death.