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Case Law Details

Case Name : The Oriental Insurance Company Limited Vs Rupa Agarwal &
Appeal Number : Ors. (Calcutta High Court)
Date of Judgement/Order : F.M.A 843 of 2010
Related Assessment Year : 10/01/2022
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The Oriental Insurance Company Limited Vs Rupa Agarwal & Ors. (Calcutta High Court)

Calcutta High Court held that compensation of Rs. 11,32,956/- duly assessed taking the annual income of Rs. 2,63,584/- after statutory deduction in terms of Income Tax Return.

Facts- The claim petition u/s. 166 of the Motor Vehicles Act was filed, on account of death of Vinay Kumar Agarwal in a motor accident on 16.04.2004 while he was travelling by a scooter as pillion rider and was knocked down by the vehicle (Tipper) as a result, he died. At the time of death deceased was aged about 56 years having income of Rs. 2,63,700/- per annum from his commission agent business for supply materials to different companies. Accordingly, claimants i.e. widow of deceased and her daughter filed claim application with a prayer for compensation to the tune of Rs. 14,20,000/-.

Though owner of the offending vehicle did not contest the case but oriental Insurance company i.e insurer of the offending vehicles contested the case by filing written statement denying all material averments of the claim petition contending, inter alia, that Insurance Company is not liable to pay compensation.

After considering the evidence on record Tribunal assessed the compensation of Rs. 11,32,956/- taking the annual income of Rs. 2,63,584/- after statutory deduction in terms of Income Tax Return.

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