Accident compensation – Loss of future income – Deduction that the appellants stepped into the business of deceased parents – Illegal

The bus of respondent no.3 had given dash to the tempo traveller in which the parents of the appellants were travelling from Salem to Madurai.  In the said accident, the parents died.

Two claim petitions for Rs.1 crore compensation in each case were filed.   The parents of the appellants were partners in the firm.

The Tribunal granted Rs.58,24,000/- compensation for the death of father and Rs.93,61,000/- for the death of mother with interest.

Respondent No.1 Insurer filed appeals in the High Court.   The High Court had reduced the compensation to Rs.26,68,000/- for the father and Rs.19,22,680/- for the mother as per the details given in statement in para 5 of the judgment.

HELD that merely because the appellants had stepped into the shoes of the deceased parents would not by itself make the appellants capable of running the Mill.   It would be of relevance as to whether due to their lack of expereience and maturity, real / expected downfall in the profitability of the firm and business would ensure.  Such factor, while considering a claim for loss of future income / earnings would have to be dealt with.

Income tax returns are reliable evidence to assess the income of deceased.

Judgment dated 29.1.2025 of the Supreme Court of India in Civil Appeal Nos.1162-1163 of 2025 of Vishnu Ganga and others   Vs.   M/s. Oriental Insurance Company Limited