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1 - 6 of 6 (0.19 seconds)National Insurance Company Ltd vs Pranay Sethi Son Of Late Prashant Sethi ... on 20 April, 2011
3. Heard learned counsel for the parties, I have
gone through the LCR. The deceased claimed the income at
Rs.4,00,000/- per annum and at Rs.200/- per day by milk
vending business. To examine the same the book
maintained in Milk Cooperative Society is referred in which
at relevant column it is mentioned that he used to earn at an
average Rs.100/- per day. If that is considered income
would be Rs.3,000/- per month; and as regards agriculture
income is concerned, the RTC it stands in the name of wife
and it is rain-fed land and since the crops column is left
blank, it is difficult to assess the nature of crops grown.
Actually, it is to be held that even if the income is not proved
it is for the Tribunal to assess the notional income on the
basis of the various factors as referred by the Hon'ble
Supreme Court in the case of NATIONAL INSURANCE
COMPANY LIMITED v. PRANAY SETHI AND OTHERS
reported in 2017 SCC Online 1270 wherein at para 57 of the
judgment it is held thus:
Article 21 in Constitution of India [Constitution]
The Motor Vehicles Act, 1988
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
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