Document Fragment View

Matching Fragments

vi. for the long period of trial, the insurer should not be saddled with payment of interest at 9% per annum, and vii. right of recovery ought to have been granted against the owner of the truck because the vehicle was being driven in breach of policy conditions i.e. its driver did not have a valid driving license.
Income Tax Deduction:

4. The learned counsel for the appellant contends that as per the last salary certificate, the tax payable by the deceased was 45%, therefore while computing the income of the deceased, 45% ought to be deducted towards income tax. However, this argument is immediately refuted by Mr. Chaudhary, the learned counsel for the respondents, by referring to the statement of Ms. Weiran Chen (PW5) who had deposed that the deceased fell in the tax bracket of 30%, as is evident from his basic salary certificate. The said document shows that the salary was the same as in the previous month i.e. RMB 43,470. The deceased was paid merely 14 days salary in the month of May, 2008 as he had expired on 14.05.2008.