S. Vishnu Ganga & Ors. v. M/s Oriental Insurance Company Limited

1 S.C.R. 1163 : 2025 INSC 123 S. Vishnu Ganga & Ors. v. M/s Oriental Insurance Company Limited Rep. by Its Divisional Manager & Ors. (Civil Appeals No(s). 1162-1163 of 2025) 29 January 2025 [Sudhanshu Dhulia and Ahsanuddin Amanullah,* JJ.] Issue for Consideration Matter pertains to the correctness of the order passed by the High Court reducing the amount of compensation granted under the Motor Vehicles Act, 1988. Headnotes† Motor Vehicles Act, 1988 – Compensation – Enhancement – Parents of the appellants met with an accident resulting in their death while travelling in a vehicle after the bus belonging to respondent no.3 dashed into the said vehicle – Appellants claimed identical compensation for the parents as both were partners in a Mill – Tribunal granted compensation of Rs.58,24,000/- for the father and Rs.93,61,000/- for the mother with interest – High Court reduced the amount of compensation to Rs.26,68,600/- for the father and Rs.19,22,680/- for the mother – Interference with: Held: Award rendered by the tribunal is well-considered – Merely because the appellants stepped into the shoes of the deceased, by such factum itself, the appellants would not be capable of running the Mill – Lack of experience and maturity, real/expected downfall in the profitability of the firm relevant while considering a claim pertaining to loss of future income/earnings – Notional income fixed by the tribunal of Rs.60,000/- each per month, is much more reasonable – Income Tax Returns reliable evidence to assess the income of a deceased – Between the formula applied by the tribunal vis-a-vis the approach adopted by the High Court, the view of the tribunal rendered in the form of the award satisfies the judicial conscience – High Court’s reasoning militates against settled law – Impugned judgment set aside. [Paras 11, 14] * Author 1164 [2025] 1 S.C.R. Case Law Cited