Anoop Maheshwari vs Oriental Insurance Company Ltd. 2025 INSC 1076) - Motor Accident Compensation - Income Tax Returns

Motor Accident Compensation - The disability to be assessed for the purpose of awarding compensation arising from a motor accident is the functional disability which reduces the earning capacity of the claimant and not strictly the medical disability. (Para 7)

Motor Accident Compensation - While disposing an appeal against an HC order, SC observed: Tribunal entered into mere surmises and conjectures to decline adoption of the income as per the income tax returns - It cannot be said that the claimant apprehended an accident and got registration of a firm and filed his income tax returns two years prior to the accident- The finding of the Tribunal also is that in the first year, there was no tax payable and hence there was no profits or income. The exemption from tax is only because the purchase and sales did not exceed the taxable value. The sale proceeds being not within the taxable limit is not an indication of the profit accrued, or the income received from the business which is reflected in the income tax returns. (Para 8)