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Single ITR Income sufficient to determine Accident Compensation

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Judgment dated 16.6.2026 of the High Court of Bombay in First Appeal NO.1699 of 2025 of National Insurance Co. Ltd   V.  Nagma Hujefa Usmani and others

ITR closest to the accident death valid for business income & compensation

Accident Compensation Based on proximate ITR income is Valid

Single ITR Income sufficient for Accident Compensation

Accident Compensation, Business Income and ITR of one year

On 21.7.2021, the deceased died in an accident caused by the offending truck.  The Tribunal relied on the ITR of 2018-2019 for business income and awarded compensation of Rs.77,27,864/-.

However, the insurer contended that the average business income can be determined on the basis of ITR of three years.

concept of income on the date of the death of the Page 8 of 20 Laxmi ::: Uploaded on – 16/06/2026 ::: Downloaded on – 18/06/2026 12:50:23 ::: 903 FA 1699-25J.DOC Deceased does not mean exactly on the date of the death, but a piece of evidence reasonably close to the date of the death. In the present case, the ITR for AY 2018 19 was the only piece of evidence which was closest to the date of the death of Deceased, and hence, the same has been rightly used as the basis to determine the income of the Deceased.

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