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Supreme Court of India 2018-02-09 partly_allowed

Vijay Kumar Rastogi vs Uttar Pradesh State Roadways Transport Corporation

Bench: 3 — A.M. Khanwilkar

In Brief

A man injured in a bus accident claimed compensation for loss of income. The tribunal awarded him compensation based on a calculated income of Rs. 44,511/-, ignoring his commission and bank interest. The High Court accepted his actual taxable income from his tax return was Rs. 77,480/- but upheld the tribunal's lower figure. The Supreme Court held that taxable income including all sources (commission, interest, salary) must be used to compute just compensation. The Court found the High Court had committed a manifest error and enhanced compensation by Rs. 2,85,966/- with 9% interest, but rejected the claim for vehicle damage due to lack of evidence of actual repair costs.

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