JHARKHAND HIGH COURT ISSUES ORDER ON THE MANAGER (LEGAL), SBI GENERAL INSURANCE CO. V/S NAZIYA PRAVEEN AND ORS

RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 28:

Heard, learned counsel for the parties.

1. The appellant- SBI General Insurance Co. Ltd. is in appeal against the impugned judgment of Award and compensation dated 23.07.2024 passed by P.O., Motor Vehicles Accident Claims Tribunal, Ranchi, in Motor Accident Claim Case No.398 of 2021 whereby and whereunder compensation amount of Rs.51.54,751/- along with interest @7.5% per annum from the date of filing of the claim petition i.e. 22.12.2021 till its realization has been awarded.

2. The instant Misc. Appeal has been preferred, mainly, on the ground that the assessment of income has been done on the basis of income tax return (Ext.1 and 1/1) which were for the Assessment Years 2016- 17 and 2017-18, whereas the accident took place on 11.09.2021.

3. It is argued that it was incumbent on the part of the claimants to have brought on record the Income Tax Return of the relevant time and not the income tax return of three years back. As such, there is error in computation by considering the Income Tax Return of three years before the accident.

4. It is submitted by learned counsel for the claimants/ respondents that the learned Tribunal assessed the income by considering the ratio laid down by the Apex Court in the case of Smt. Anjali & Ors. Vs. Lokendra Rathod & Ors. in Civil Appeal No.9014 of 2021 [arising out of SLP (Civil) No.18808 of 2019], as such, no interference is required by this Court.

5. Having considered the submissions advanced on behalf of the parties and the materials on record, I do not find any infirmity in the assessment of income for the reason that no contrary evidence was led by the appellant- Insurance Company to controvert the evidence led by the claimants. It was open to the appellant - Insurance Company to have moved the Court under the appropriate provisions of CPC for discovery of the documents of income tax return for the assessment years of the relevant time, but no such step was taken. In this view of the matter, it is too late in the day to raise this plea at the appellate stage.

6. Accordingly, the instant Misc. Appeal being devoid of merit stands dismissed. Pending I.A., if any, also stands disposed of.

7. The Statutory amount deposited at the time of filing of the appeal, be remitted to the Tribunal for being disbursed to the claimants for adjustment against the final compensation to be paid to the claimants.

Disclaimer: Curated by HT Syndication.