Mact case
avish
(Querist) 11 December 2015
This query is : Resolved
dear sir/madam,
whether statement given by the employer in court that he was giving 12000/-p.m.salary in cash to deceased can act as an evidence for proving income of deceased.Also deceased has not filed ITR.
P. Venu
(Expert) 12 December 2015
Facts stated are incomplete. what is the cause of action?
Rajendra K Goyal
(Expert) 12 December 2015
What is the case? What is the observation of the court on the evidence from employer?
avish
(Querist) 12 December 2015
The case is the deceased(age 45) is the driver getting 12000/- p.m. as salary died in a road accident during his employment while driving his employer car.His family sue the insurance company of car for compensation of 20 lac.As the salary received in cash as well as the employee didn't file itr for any year the lower court decided the income of the deceased as per minimum wages act.But in lower court employer himself give the statement that he was giving 12000/- p.m salary to the deceased at the time of death but the court didn't consider his statement.
My question is whether high court will consider the statement made by employer as proof of income.Please support your answer with relevant case study.
avish
(Querist) 12 December 2015
The case is the deceased(age 45) is the driver getting 12000/- p.m. as salary died in a road accident during his employment while driving his employer car.His family sue the insurance company of car for compensation of 20 lac.As the salary received in cash as well as the employee didn't file itr for any year the lower court decided the income of the deceased as per minimum wages act.But in lower court employer himself give the statement that he was giving 12000/- p.m salary to the deceased at the time of death but the court didn't consider his statement.
My question is whether high court will consider the statement made by employer as proof of income.Please support your answer with relevant case study.
Rajendra K Goyal
(Expert) 12 December 2015
High court opinion can not be predicted. Facts and arguments would be considered.
K.S.Srinivas
(Expert) 14 December 2015
Did the employer produce record for the same.
T. Kalaiselvan, Advocate
(Expert) 19 December 2015
You can prefer an appeal against the lower court judgement if you feel aggrieved over the decision taken on the point you discuss now. The citations are not supplied here, moreover they are required only during argument hence prefer an appeal and look for citation during argument time, there are plenty of settled cases on this line.
