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of <h1>Court adjusts compensation based on deceased's income-tax returns and vehicle ownership. Award modified to Rs. 5,81,440.</h1> <h3>Oriental Insurance Company Ltd. Versus Smt. Sangita Arya & Others </h3> Oriental Insurance Company Ltd. Versus Smt. Sangita Arya & Others - TMI Issues:Evaluation of compensation for the deceased based on income-tax returns and ownership of vehicles.Analysis:The judgment revolves around the evaluation of compensation for the deceased based on his income-tax returns and ownership of vehicles. The deceased was involved in a fatal accident caused by a rashly driven vehicle, leading to his demise. The dependents of the deceased filed a claim petition seeking compensation, which was initially granted by the Tribunal at a higher amount than requested. The insurance company, the appellant, contested the quantum of compensation awarded to the claimants.The main contention raised by the insurance company was regarding the deceased's income-tax returns. It was argued that the Tribunal erred in evaluating the compensation based on the deceased's total income for the year 2006-07, which was deemed inappropriate. The Tribunal considered the deceased's ownership of two vehicles and the income derived from them to justify the awarded compensation. However, it was highlighted that the deceased did not disclose the income earned from these vehicles in his income-tax returns, which raised doubts about the accuracy of the compensation evaluation.The Court pointed out that the deceased, being a Class IV employee of the Motor Transport Department, was not allowed to engage in a parallel business, such as owning and operating vehicles for package tours. The Court emphasized that the income derived from these vehicles should not have been considered for calculating the compensation amount. It was noted that even after the deceased's death, the dependents could have continued to earn income from the vehicles.Ultimately, the Court recalculated the compensation amount based on the average of the deceased's first three income-tax returns, amounting to Rs. 52,635. After adjusting for personal expenses and applying a multiplier, the revised compensation was determined to be Rs. 5,61,440. Additionally, the Court reduced the amounts awarded for loss of consortium and love and affection while maintaining the funeral expenses amount.In conclusion, the Court allowed the appeal of the insurance company and modified the quantum of compensation to Rs. 5,81,440. The revised compensation amount was directed to be released to the claimants, with the excess amount to be returned to the insurance company.
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