Dismissed

United India Insurance Co. Ltd. v. Smt Kiroshata Devi and Others

Rajasthan HC5 Jul 2018CMA/1506/2012

Case brief

AI extract

What is this about?

The High Court dismissed an appeal by United India Insurance Co Ltd challenging an award by the Motor Accident Claims Tribunal. The court held that while income tax is deductible from a deceased's income, no material on record showed the deceased was paying tax, leading to the rejection of the appellant's challenge.

What did the court decide?

The appeal filed against the MACT award was dismissed. No other relief was granted to the appellant.

United India Insurance Co. Ltd. Vs Smt Kiroshata… — Motor Accident Claims | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 1506/2012

¶3

United India Insurance Co Ltd, Divisional Manager, Divisional Office, I, Ashoka Circle, Alwar, having its Regional Office at Sahara Chambers, Tonk Road, Jaipur through It’s constituted attorney.

¶4

----Non-Claimant-Appellant

¶5

Versus

¶6

Smt. Kiroshata Devi W/o Late Shri Ramniwas, age about 35 years.

¶7

Puneet S/o Late Shri Ramniwas, aged about 15 years.

¶8

Ankit S/o Late Shri Ramniwas, aged about 13 years. Respondents No.2 and 3 are minor through their natural guardian, mother Smt. Kiroshata Devi.

¶9

Sultan Singh S/o Shri Nanagram, aged about 65 years.

¶10

Smt. Choti Devi W/o Shri Sultan Singh

¶11

All by caste Harijan, resident of Khedi (Kanti) via Ateli, Tehsil Narnol, District Mahendragarh, Haryana.

¶12

----Claimants-Respondents

¶13

Sarjeet Jat S/o Shri Jagram Jat, by caste Jat, resident of Kheral, Tehsil Kotkasim, Police Station Kotkasim, District Alwar, Rajasthan. (Driver of Vehicle No. RJ-14-G-6017)

¶14

Satish Yadav S/o Shri Gulab Singh Yadav, Resident of Village Saloni, Tehsil Mundawar, District Alwar, Rajasthan. (Registered Owner of Vehicle Tata 404 No. RJ-14-G-6017)

¶15

7(K) Dharamveer S/o Shri Dilip Singh, by caste Yadav, r/o Shriyani, Behror, District Alwar, Rajasthan.

¶16

Non-Claimants-Respondents.

¶17

For Appellant(s)	: Mr. Tripurari Sharma Adv.
For Respondent No.	: Mr. Gaurav Gupta Adv.
7K
For Claimants	: Mr. Mamraj Jat Adv.

¶18

HON'BLE MRS. JUSTICE SABINA Judgment

05/07/2018

(2 of 2)

[CMA-1506/2012]

Appellant has filed this appeal, challenging the award dated 16.02.2012 passed by the Motor Accident Claims Tribunal, whereby, claim petition filed by the claimants was allowed.

¶23

Learned counsel for the appellant has submitted that the Tribunal has erred in taking the income of the deceased as Rs.13,780/- per month. The amount of income tax paid by the deceased was liable to be deducted from the income of the deceased.

¶24

Learned counsel for the claimants has opposed the appeal and has submitted that Rs.1,205/- was deducted by the Tribunal out of the salary of the deceased and thereafter, the income of the deceased was taken as Rs.13,780/- per month. There was no material on record to establish that the deceased was in-fact paying any income tax. Deceased must have claimed exemption from payment of income tax by investing some amount out of his salary.

¶25

There is no quarrel with the proposition of law that the income tax paid by the deceased is liable to be deducted from his income while calculating the dependency of the claimants. However, in the present case, there is no material on record to show the deceased was paying any income tax. Deceased might not have been paying any income tax by claiming exemptions available to him as per law.

¶26

In the facts and circumstances of the present case, the argument raised by the learned counsel for the appellant is liable to be rejected. No other contention has been raised.

¶27

Dismissed.

¶28

(SABINA),J

¶29

S.Kumawat/D-6

United India Insurance Co. Ltd. v. Smt Kiroshata Devi and Others

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Smt Kiroshata Devi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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