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LegalFirms.in Judgments · legalfirms.in/judgments/s-vishnu-ganga-ors-vs-m-s-oriental-insurance-company-limited-rep-by-its-divisional-manager-ors-20250129/ · Printed 07 Nov 2026
Civil · Reportable judgment

S. Vishnu Ganga & Ors. vs M/s Oriental Insurance Company Limited Rep. by Its Divisional Manager & Ors.

Court
Supreme Court of India
Date
29 January 2025
Case No.
Civil Appeals No(s). 1162-1163 of 2025
Result
Disposed
Bench
Sudhanshu Dhulia, Ahsanuddin Amanullah
Citation
[2025] 1 S.C.R. 1163 : 2025 INSC 123
Acts & Sections
Motor Vehicles Act, 1988
Supreme Court Reports [2025] 1 S.C.R. 1163 : 2025 INSC 123
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.
Headnote

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]

Keywords: Compensation · Lack of experience and maturity · Real/expected downfall in the profitability of the firm · Loss of future income/earnings · Notional income · Income Tax Returns · Judicial conscience · Motor Accidents Claims · Death due to motor vehicle accident · Formula for calculating compensation

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Ahsanuddin Amanullah, J. Leave granted. 2. The present appeals are directed against the Final Order and Judgment dated 22.12.2017 (hereinafter referred to as the “Impugned Judgment”) passed by a learned Division Bench of the High Court of Judicature at Madras, Bench at Madurai in appeals bearing C.M.A. (MD) Nos.1075 of 2015 and 1076 of 2015 (both filed by the Insurance Company/R11), against the Award dated 25.11.2014 passed by the learned Motor Accidents Claims Tribunal (hereinafter referred to as the “Tribunal”) in Claim Petitions bearing M.C.O.P No.1573 of 2009 and 1574 of 2009.
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