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Salary slip, IT Return acceptable as evidence to pay compensation: Bombay HC

MUMBAI: A wage slip which confirmed an ordinary deduction {of professional} tax was ample as proof of wage within the absence of a certificates issued by the related authorities to show the wage being drawn by a person, the Bombay excessive courtroom dominated in a latest verdict, rejecting the enchantment of an insurance coverage company. The company had challenged the Motor Accident Claim Tribunal (MACT) ruling awarding 40.22 lakh compensation to the mom of a 26-year-old who died in an accident.

The insurance coverage company’s lawyer Rahul Mehta advised a bench of justice Bharati Dangre that MACT erred in calculating the quantum of compensation as a result of it arrived on the quantity solely on the premise of the wage slip.

Mehta argued that below part 65-B of the Evidence Act, the digital report submitted by the mom within the type of the wage certificates ought to have been accompanied by a certificates figuring out the digital report and the style wherein it was produced.

Lawyer Baliram Kamble, showing for the mom, submitted that other than the wage slip, the MACT was additionally supplied with the Form 16 which clearly acknowledged the wage after deduction {of professional} tax and therefore although a certificates as required below the Evidence Act was not submitted, the MACT had not erred in arriving on the quantum of compensation.

The man, who labored as an teacher at a Santacruz gymnasium, was travelling on his bike when a truck hit him on January 18, 2018 in Khardi village between Kalyan and Kasara. He succumbed to his accidents.

The choose dominated: “The learned counsel has justified in submitting that the salary certificate, which is extracted from the computer is not accompanied by the certificate issued under Section 65-B of the Evidence Act, making it inadmissible in evidence. However, the IT Return, which depicts the salary of the employee, is a conclusive proof of his earnings and by deducting the professional tax of Rs.200/- per month, which comes to Rs.2,400/-.”

“In my considered opinion, the tribunal was perfectly justified in computing the income based on IT Return Form No.16. Since no legal infirmity can be found in the impugned order, the appeal deserves a dismissal.”

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