JKM GLOBAL SERVICES LLP
2023-Oct-07
The Supreme Court recently held that social status of the deceased should be
considered in case there was no definite proof of income. The Supreme Court made the observation while reinstating an award originally granted by the Motor Accident Claims Tribunal. The Supreme Court observed that it was unfortunate that the High Court, while assessing the evidence available on record, had sought to seek strict evidence with regard to the income of the deceased. The Court held that the social status of the deceased has to be kept in perspective where such persons are employed in the unorganised sector and that the notional income has to be taken into consideration.
The Supreme Court also expressed anguish that when the Tribunal had referred to the evidence available on record and then arrived at its conclusion, the re-appreciation of evidence by the High Court was without being sensitive to the nature of the proceedings before it.
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