Vijayalaxmi @ Roopa V. Shenoy vs National Insurance Co. Ltd

2025 INSC 186 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2320 OF 2025 (Arising out of SLP(C)No.12067/2024)

VIJAYALAXMI @ ROOPA V. SHENOY & ANR. …APPELLANT(S)

Versus

NATIONAL INSURANCE CO. LTD. & ORS. …RESPONDENT(S)

ORDER

Time taken for disposal Time taken for disposal Time taken for disposal of the claim petition by of the appeal by the of the appeal in this MACT High Court Court

3 years 5 years 9 months

Leave granted.

2. This appeal is directed against the judgment and order dated 5 th October

2020 in MFA No.8847 of 2015 passed by the High Court of Karnataka,

Bengaluru, which in turn was preferred against the judgment and order dated Signature Not Verified

14th August, 2015 passed in MVC No.1858/2012 by the Motor Accidents Digitally signed by RAJNI MUKHI Date: 2025.02.11 18:46:08 IST Reason:

Claims Tribunal and IInd Addl. Sr. Civil Judge, Mangalore, D.K.

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3. The brief facts giving rise to this appeal are that on 30 th September, 2012,

the deceased, namely, Vivekananda Shenoy, aged 47 years, was travelling on his

motorcycle bearing No.KA-19-EB-4061 from Kavoor towards his house. At

Kottara Cross, the offending bus, bearing registration number KA-19-C-7266,

collided with the deceased in a rash and negligent manner. Thereafter, he was

taken to A.J. Hospital at Mangalore, where he succumbed to the injuries on 3rd

October, 2012.

4. A claim petition was filed by the Appellant (wife of the deceased) before

the Tribunal seeking compensation to the tune of Rs.1,00,00,000/- submitting

therein that the deceased was the only earning member of the family, being a

Mechanical Engineer by profession and earning upto Rs.5,00,000/- per annum

as per his Income Tax Returns.

5. The Tribunal, by its Order, awarded the Appellants an amount of

Rs.13,91,300/- along with interest @ 6% per annum, taking the income of the

deceased as Rs.90,000/- per annum. Being aggrieved with the amount of

compensation awarded, the Claimant-Appellants filed an appeal before the High

Court on the ground that the Tribunal has incorrectly appreciated the monthly

income of the deceased. The High Court, vide the impugned order, dismissed

the appeal holding that there is no scope for further enhancement and that the

Tribunal has awarded a just compensation.

6. Dissatisfied, the Claimant-Appellants are now before us. The significant

point of challenge is that the Courts below have erred in computing the income

2 of the deceased, and the High Court has incorrectly observed that Income Tax

Returns cannot be accepted as proof of income.

7. We have heard the learned counsel for the parties. We are unable to agree

with the view taken by the Tribunal and High Court on the income of the

deceased. It has been clarified in Malarvizhi & Ors. v. United India Insurance

Co. Ltd. & Ors.1 that the determination of income must proceed on the basis of

Income Tax Return when available, being a statutory document. More recently,

this Court in New India Assurance Co. Ltd. v. Sonigra Juhi Uttamchand 2

while determining the income of the deceased therein had observed:

“8. ….Monthly income could be fixed taking into account the tax returns only if the details of payment of tax are appropriately brought into evidence so as to enable the Tribunal/Court to cal- culate the income in accordance with law.”

8. Adverting to the facts at hand, on a perusal of the Income Tax Return of

the deceased for the Financial Year 2012-2013, annexed at Annexure P2, his

gross total income is seen to be Rs.1,98,192/- per annum. In the light of the

above expositions of law, his income is, therefore, fixed at Rs.1,98,192/- per

annum.

1 (2020) 4 SCC 228 2 2025 SCC OnLine SC 9,

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9. In view of the aforesaid, the compensation now payable to the Claimant-

Appellants would be recalculated as under:

CALCULATION OF COMPENSATION

Compensation Heads Amount Awarded In Accordance with:

Yearly Income Rs. 1,98,192/-

Future Prospects 1,98,192 + 49,548 = National Insurance Co. Ltd. (25%) (Age being 47) Rs.2,47,740/- v. Pranay Sethi (2017) 16 SCC 680 Deduction (1/3) 2,47,740 – 82,580 Para 42, 52 & 59 = Rs.1,65,160/-

Multiplier (13) 1,65,160 X 13 = Rs.21,47,080/- Medical Expenses Rs.1,73,100/-

Loss of Estate Rs.18,150/-

Loss of Funeral Rs.18,150/- Expenses Loss of Consortium 48,400 + 48,400

Total Rs. 24,53,280/-

Thus, the difference in compensation is as under:

MACT High Court This Court

Rs.13,91,300/- Rs.13,91,300/- Rs.24,53,280/-

10. The Civil Appeal is allowed in the aforesaid terms. The impugned Award

dated 14th August, 2015 passed in MVC No.1858/2012 by the Motor Accidents

Claims Tribunal and IInd Addl. Sr. Civil Judge, Mangalore, D.K., as affirmed

4 vide the impugned order stands modified in terms of the above. Interest is to be

paid as awarded by the Tribunal

Pending application(s), if any, shall stand disposed of.

………………………J. (SANJAY KAROL)

………………….…J. (MANMOHAN)

February 11, 2025;

New Delhi.

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