Income and not taxable income of deceased is relevant for determining Loss of Dependency

United India Insurance Co Ltd Vs Sonia & Ors (Delhi High Court)

Delhi High Court held that income of the deceased, and not taxable income of the deceased, is relevant while determining loss of dependency. Thus, merely because certain allowances are not taxable in nature, the same would not warrant their deduction from the annual income of the deceased for the purposes of determining the compensation.

Facts-

The appellant (United India Insurance Co. Ltd.) has challenged the Award passed by the Motor Accidents Claims Tribunal-02, Delhi in MAC Petition No. 6109/2016 titled Smt. Sonia & Ors. v. Sh. Satish Kumar & Ors.

The Claim Petition was registered on the Detailed Accident Report (DAR) filed by the police corresponding to the investigation carried out in FIR No. 1484/15 u/s. 279/304A Indian Penal Code, 1860 registered at PS Narela.

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