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TMI Blog2016 (7) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. Therefore, the income which might have been earned by the dependants out of these two cabs could not at all be taken into consideration for evaluating the compensation - It is for yet another reason that even after the death of such owner of vehicles, the income of the dependents out of these vehicles would not have lost and they would have continued to earn the income from these vehicles even after the death of Mr. Arya. Thus, only the average of first three income-tax returns would have been the base for evaluating the compensation. Such average income comes to ₹ 52,635/-. Looking to the status of the family, I would not like to deduct 1/4th towards the personal expenses, but it must have been 1/3rd and considering such stand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umbed to the injuries. The accident as well as the insurance cover of the vehicle has not been disputed here. Dependents of the deceased filed claim petition asking for compensation of ₹ 11,22,000/-, but the learned Tribunal has granted such compensation even more to the tune of ₹ 12,55,000/-, in all, along with six per cent per annum simple interest thereon. Insurance company has come up in the appeal objecting to the quantum as granted to the claimants. It has been contended that the income-tax return of the deceased for the year 2002-03 was ₹ 54,000/-; for the year 2003-04, it was ₹ 52,405/- and for the year 2004-05, it was ₹ 51,500/-. However, no such return was filed for the financial year 2005 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the deceased did not show the income earned by these package tours of taxies to the Income Tax Department, but revealed the income of his salary only and when he passed away, his dependants without discerning the implications of such disclosure presented the incometax return for the year 2006-07 to the tune of ₹ 98,500/-, which was almost double than the last three income-tax returns filed by the deceased. Therefore, the income which might have been earned by the dependants out of these two cabs could not at all be taken into consideration for evaluating the compensation. It is for yet another reason that even after the death of such owner of vehicles, the income of the dependents out of these vehicles would not have lost and they ..... X X X X Extracts X X X X X X X X Extracts X X X X
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