Accident victim's widow gets Rs 1 crore damages
The Delhi high court has awarded a compensation of Rs 1 crore to the widow of a businessman who died in a road accident five years ago.delhi Updated: Apr 04, 2012 02:05 IST
The Delhi high court has awarded a compensation of Rs 1 crore to the widow of a businessman who died in a road accident five years ago.
Acting on an appeal by the victim's wife, the court enhanced the compensation amount from from nearly Rs 44 lakh given by a motor accident claims tribunal (MACT).
Justice GP Mittal enhanced the compensation to the victim's wife Seema Madaan, dismissing a plea by ICICI Lombard General Insurance which had sought reduction of the ex-gratia that was fixed at Rs 43.80 lakh by the tribunal.
"The overall compensation is enhanced from Rs 43,80,000 to Rs 1,01,92,302 which shall carry interest at the rate of 7.5 percent per annum, as awarded by the tribunal.
The enhanced compensation of Rs 58,12,302 with interest shall be deposited by the insurance company within 30 days with the registrar general of this court," the court ordered.
Justice Mittal awarded the compensation, taking into account late Rajkumar Madaan's income tax return filed in the year 2006-2007 during which his income was more than Rs 9 lakh per annum.
Claiming that the income of the deceased was increasing every year, the counsel for the victim's widow submitted to the court that his client's husband's income tax return for the year 2004-2005, 2005-2006 and 2006-2007 respectively, was Rs 3,30,123, Rs 5,29,051 and Rs 9,62,844.
The court also considered the lawyer's argument that there were four dependants on the deceased, including his 32-year-old unmarried sister at the time of his death in August 2007.
He also submitted that neither his wife nor his sister was financially independent to bear the responsibility of the house.
In October last year, the MACT had awarded Rs 43.80 lakh compensation to the businessman's widow but the insurance firm had challenged the order, seeking reduction of the compensation amount.
The victim's wife too had approached the high court seeking enhancement of the compensation on the ground that the tribunal had failed to consider the income tax returns of the deceased.