VidhiSangh

Supreme Court of India · 01/07/2026

RASHMIREKHA TRIPATHY AND ANR. versus THE BRANCH MANAGER (LEGAL CLAIMS), SRIRAM GENERAL INSURANCE COMPANY LIMITED AND ORS.

[2026] 7 S.C.R. 494 · 2026 INSC 661

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Summary

In a motor accident death claim, the Supreme Court held that a salaried person's income is ordinarily assessed on the ITR of the preceding year, while a self-employed person's business income is assessed on the average of up to three previous ITRs read with the surrounding circumstances of the business. On the facts it fixed the deceased contractor's annual income at Rs. 14,00,000 and enhanced the compensation awarded by the High Court.

Issues

  1. Whether, in assessing the annual income of a deceased person or claimant under the Motor Vehicles Act, 1988, the Income Tax Return of the previous year alone or the average of the past two or three years' returns should be taken.
  2. Whether the High Court correctly assessed the income of the deceased, who ran his own construction business, by averaging two ITRs without reference to the nature of the business.

Provisions considered

Held

Result

Appeal allowed; the Tribunal's award as modified by the High Court was further modified to Rs. 1,97,81,505, with interest on the enhanced amount as awarded by the Tribunal, to be remitted directly to the claimants' bank account within four weeks of the account particulars being supplied.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 494.