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1 - 6 of 6 (0.28 seconds)Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Smt. Rajesh And Others vs Rajbir Singh And Others on 29 January, 2010
So far as allowances being paid to the deceased and as shown in the salary
Slip Ex PW2/2 is concerned. Ld Counsel for the petitioner as well as Ld Counsel
for the insurance company has conceded that these allowances are personal
incentives of deceased and varied from time to time. So by deducting the
Conveyance allowances, Washing allowances, cycle allowance, shift allowances,
attendance allowances and by adding basic salary, Dearness allowances and
HRA, the income for the purpose of computation of compensation is taken as
Rs.10,165/ p.m. No tax have been deducted on the salary of victim. So as per
the judgment, in the case Rajesh Vs Rajbir Singh 2013 ACJ 1403 SC of Hon'ble
Supreme Court, the net income of the deceased is to be counted after adding
future benefit @ 30%. There are six LRs of victim so he ( deceased) is
presumed to be spending 1/5th of his income on his personal expenses. So the
loss of dependency has to be taken as Rs. 10,571.60/ (10,165/ +3049.50/
2642.90/) per month.
The Oriental Insurance Co. Ltd. vs Chief Commissioner Of Income Tax (Tds) on 11 April, 2023
20. Petition in hands is allowed. Respondent no.3 is directed to pay a sum of
Rs. 21,59,699/ alongwith interest @ 7.5% p.a from the date of filing of claim
petition i.e. 20.11.2017 till the date of compliance i.e., 13.10.2023. Amount of
MACT no.1335/2016 Asha & Ors. Vs. Mukesh & ors. Page 13 of 16
interim compensation (if any) be deducted from this amount. The awarded amount
shall remain as tax free in view of the judgment of Hon'ble High Court in case in
R/Special Civil Application No.4800 of 2021 titled The Oriental Insurance Co Ltd
Vs Chief Commissioner of Income Tax (TDS) decided on 05.04.2022.
APPORTIONMENT:
Sobat Singh vs Ramesh Chandra Gupta & Anr. on 7 November, 2014
22. The salient features as prescribed in the judgment in Rajesh Tyagi Vs.
Ramesh Chandra Gupta FAO No. 842/2009 and MAC. App. No. 422/2009
decided on 07.11.2014 are to be applied:
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