Can a claimant’s monthly income be pegged at ₹95,000 for loss‐of‐dependency compensation based solely on EMI outgoings without income‐tax returns?

 

Summary

Category Data
Court Supreme Court of India
Case Number C.A. No.-014758-014758 – 2025
Diary Number 36095/2025
Judge Name HON’BLE MR. JUSTICE K. VINOD CHANDRAN
Bench

HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH

HON’BLE MR. JUSTICE K. VINOD CHANDRAN

Precedent Value Binding
Overrules / Affirms Affirms Pranay Sethi; distinguishes Gurpreet Kaur
Type of Law Motor accident compensation
Questions of Law Whether computation of monthly income at ₹95,000 based on EMI obligations, without any income‐tax returns, is permissible for assessing loss of dependency.
Ratio Decidendi The Court held that compensation must rest on credible evidence of income and not mere surmise from EMI outgoings when no ITRs are filed. For a businessman owning trucks, post‐death income streams continue (e.g., by engaging drivers), so the award at ₹95,000/month was unconscionable. Applying the Pranay Sethi benchmark against windfalls and pittance, the Tribunal’s figure was halved to ₹50 lakhs, with added interest at 9%, plus heads for consortium, estate and funeral expenses.
Judgments Relied Upon
  • National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680
  • Gurpreet Kaur v. United India Insurance Co. Ltd., 2022 SCC Online SC 1778
  • Magma General Insurance Co. Ltd. v. Nanu Ram & Ors., (2018) 18 SCC 130
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • Constitution Bench principle: legal representatives cannot get windfall or mere pittance
  • Business continuity assumption for transport contractors
  • Inherent unreliability of EMI‐only proof without ITRs
Facts as Summarised by the Court The deceased, a transporter owning two trucks, died in a road accident caused by rash driving. Legal representatives (wife and children) claimed ₹95,000/month income based on EMI outgoings of ₹42,500. No income‐tax returns were filed; Tribunal accepted the figure, which insurer challenged.

Practical Impact

Category Impact
Binding On All subordinate courts adjudicating motor accident claims
Persuasive For High Courts, motor accident tribunals
Distinguishes Gurpreet Kaur v. United India Insurance Co. Ltd. (2022)
Follows National Insurance Co. Ltd. v. Pranay Sethi (2017); Magma General Insurance Co. Ltd. v. Nanu Ram (2018)

What’s New / What Lawyers Should Note

  • Clarifies that monthly income cannot be inferred solely from EMI amounts absent income‐tax returns or other credible proof.
  • Reinforces that business income streams (e.g., truck operations) survive the proprietor’s death and must be factored in dependency calculations.
  • Reaffirms Pranay Sethi’s “no windfall, no pittance” standard for compensation awards.
  • Confirms entitlement to 9% interest on deposited amounts and on additional heads (consortium, estate, funeral).
  • Highlights that children are entitled to loss of filial consortium under Magma General Insurance v. Nanu Ram.

Summary of Legal Reasoning

  1. Insurance Co. contested the ₹95,000/month income figure as unconscionable and unsupported by income‐tax returns or reliable evidence.
  2. Claimants relied on EMI payment records and alleged continuous satisfaction of EMIs.
  3. Court distinguished Gurpreet Kaur on facts: there, tractor EMI evidence was cleared and contractor work ceased on death; here, truck business income continues via drivers.
  4. Applied Pranay Sethi’s binding principle: awards must avoid windfalls or pittance; dependency should reflect sustainable income.
  5. Reduced dependency award to ₹50 lakhs (half of Tribunal’s sum), directed 9% interest, and upheld awards for consortium, estate, and funeral expenses.

Arguments by the Parties

Petitioner (Insurance Company)

  • Monthly income of ₹95,000 is baseless without income‐tax returns.
  • EMI of ₹42,500 does not prove double the income; assumption is conjectural.
  • Multiple EMI defaults indicate irregular earnings.

Respondents (Claimants)

  • Bank accounts show satisfaction of EMIs; defaults would have triggered bank action if persistent.
  • Tribunal’s award aligns with Gurpreet Kaur reasoning, which was accepted by High Court.

Factual Background

  1. The deceased, a transporter owning two trucks, died in a motor accident on 29.08.2017 caused by rash driving of another vehicle.
  2. Legal representatives (wife and three children) filed a claim under the Motor Vehicles Act for compensation.
  3. Tribunal framed issues on causation (undisputed) and quantum of compensation.
  4. Claimants relied on EMI obligations to prove monthly income of ₹95,000; insurer challenged this without any ITR.

Statutory Analysis

  • The Court invoked the compensation framework under the Motor Vehicles Act as articulated in Pranay Sethi (2017).
  • Confirmed heads of compensation: loss of dependency, consortium, estate, and funeral expenses.
  • Applied interest provisions (9% per annum) on awards from the date of claim petition.

Alert Indicators

  • ✔ Precedent Followed – Pranay Sethi’s no‐windfall/no‐pittance doctrine
  • 🔄 Conflicting Decisions – Distinguishes Gurpreet Kaur v. United India Insurance Co. Ltd.

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