VidhiSangh

Supreme Court of India · 23/07/2024

MEENAKSHI versus THE ORIENTAL INSURANCE CO. LTD.

[2024] 7 S.C.R. 1433 · 2024 INSC 573

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Summary

In a motor accident death claim, the Supreme Court held that house rent allowance, flexible benefit plan and the employer's provident fund contribution form part of a salaried deceased's income and must be included before adding the future-prospects increase. The High Court erred in excluding them, but rightly deducted income tax, which the Tribunal had overlooked. Compensation was reassessed at Rs. 93,66,272.

Issues

  1. Whether perquisites and allowances such as house rent allowance, flexible benefit plan and the employer's provident fund contribution must be included in the deceased's salary when applying the future-prospects increase under the motor accident compensation formula.
  2. Whether income tax should be deducted from the deceased's salary in computing loss of dependency.

Held

Result

Appeal partly allowed; High Court's judgment reversed; compensation payable to the claimant-mother reassessed at Rs. 93,66,272; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1433.