Motor Accident -- Income Tax Return -- Filed after death of victim Can Be Considered To Determine just Compensation
A posthumously filed income tax return is admissible and must be considered by a Motor Accident Claims Tribunal for determining the income of a deceased claimant while computing compensation. Where income tax returns reflect a consistent and proportionate rise in income across successive assessment years, the Tribunal is obliged to take into account the return for the year closest to the date of accident, including one filed after the death of the deceased. Exclusion of such a return without justification renders the computation of compensation erroneous.
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