VidhiSangh

Supreme Court of India · 06/12/2022

SMT. ANJALI & ORS versus LOKENDRA RATHOD & ORS.

[2022] 16 S.C.R. 661 · 2022 INSC 1258

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Summary

A 28-year-old scrap dealer died in 2010 when a bus crashed into his car near Indore. He left seven dependants: two wives, three children and his parents. The Tribunal ignored his income tax return because no earlier returns were filed, and took a notional Rs 4,000 a month; the Madhya Pradesh High Court raised it to Rs 5,000. The Supreme Court held that an income tax return is a statutory document on which income should be determined where it is available. It fixed income at about Rs 9,855 a month, upheld 40% future prospects, and held that with more than six dependants the personal deduction should be one-fifth. It added the 10% Pranay Sethi increment to conventional heads, with Rs 44,000 consortium to the spouse and each child. Compensation was raised to Rs 25,91,388 with 9% interest.

Issues

  1. Whether the deceased's income tax return could be disregarded because earlier returns were not produced.
  2. What personal deduction, future prospects and conventional-head amounts apply to a self-employed 28-year-old survived by seven dependants.

Provisions considered

Held

Result

Civil Appeal No. 9014 of 2022 allowed to the extent indicated; the Madhya Pradesh High Court (Indore Bench) judgment dated 16.08.2018 in M.A. No. 2592 of 2013 modified and compensation enhanced to Rs 25,91,388 with interest at 9% per annum from the date of the claim application until payment.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 661.