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2025 (6) TMI 674

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....dapudi, Adv. And Mr. Ganesh Kumar R., AOR For the Respondent(s) : Mr. Manu Luv Shahalia, Adv., Ms. Manjeet Chawla, AOR, Mr. Manek Sharma, Adv. And Mr. Abid Ali, Adv. ORDER Time taken for disposal of the claim petition by MACT Time taken for disposal of the appeal by the High Court Time taken for disposal of the appeal in this Court 3 years 5 years 9 months Leave granted. 2. This appeal i....

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....tober, 2012. 4. A claim petition was filed by the Appellant (wife of the deceased) before the Tribunal seeking compensation to the tune of Rs. 1,00,00,000/- submitting therein that the deceased was the only earning member of the family, being a Mechanical Engineer by profession and earning upto Rs. 5,00,000/- per annum as per his Income Tax Returns. 5. The Tribunal, by its Order, awarded the App....

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.... 7. We have heard the learned counsel for the parties. We are unable to agree with the view taken by the Tribunal and High Court on the income of the deceased. It has been clarified in Malarvizhi & Ors. v. United India Insurance Co. Ltd. & Ors. [(2020) 4 SCC 228] that the determination of income must proceed on the basis of Income Tax Return when available, being a statutory document. More recent....

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....llants would be recalculated as under: CALCULATION OF COMPENSATION Compensation Heads Amount Awarded In Accordance with: Yearly Income Rs. 1,98,192/- National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 Para 42, 52 & 59 Future Prospects (25%) (Age being 47) 1,98,192 + 49,548 = Rs. 2,47,740/- Deduction (1/3) 2,47,740 - 82,580 = Rs. 1,65,160/- Multiplier (13) 1,65,160 X 13 =....