Thursday 25 April 2024

Supreme Court: Claimant must adduce evidence to prove quantum of depletion of income on account of payment for engaging managers

Further, the Court in New India Assurance opined that though a court may be required to account for the depletion in the net income accruing from the assets of the deceased on account of payments for engaging managers, evidence must be adduced to compute the depletion. The Court held:

In the normal course the claimants are expected to adduce evidence as to what would be the quantum of depletion in the income from the abovementioned asset on account of the abovementioned factors.

In the present case, no evidence was adduced by the Appellants at any stage of the proceedings to assist in the computation of the depletion in the net income which accrues to the deceased. The judgment of this Court in New India Assurance does not help the case of the Appellants. {Para 11}


Civil Appeal Nos. 9196-97 of 2019.

Decided On: 09.12.2019

Malarvizhi and Ors. Vs. United India Insurance Company Limited and Ors.

Hon'ble Judges/Coram:

Dr. D.Y. Chandrachud and Hrishikesh Roy, JJ.

Author: Dr. D.Y. Chandrachud, J.

Citation:  (2020) 4 SCC 228, MANU/SC/1700/2019.

Read full Judgment here: Click here.

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