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“Where the compensation is sought and even in the absence of definite proof of the income, the social status of the deceased is to be kept in perspective where such persons are employed in unorganized sector and the notional income in any event is required to be taken into consideration – It is unfortunate that in a case of the present nature, the High Court while assessing the evidence available on record, has sought to seek strict evidence with regard to the income of the deceased. When the wife and children of the deceased were before the Court, they would not be in a position to secure all evidence when the deceased earning member was not in secure job. – Kubrabibi vs Oriental Insurance Co Ltd. | CA 5461 OF 2023
When a tractor and trailer are involved, both the tractor as well as the trailer are required to be insured. Therefore, in a normal circumstance, when the claimant was travelling in the trailer which was not insured, the liability on the Insurance Company cannot be fastened – Dhondubai vs Hanmantappa Bandappa Gandigude | CA 5459-5460 OF 2023
Taking into consideration the difficult circumstances in which the claimant therein was placed, Supreme Court exercised the power under Article 142 of the Constitution of India to direct the Insurance Company to pay the amount and recover the same from the owner of the vehicle – Dhondubai vs Hanmantappa Bandappa Gandigude | CA 5459-5460 OF 2023