New India Assurance Co. Ltd. vs Sonigra Juhi Uttamchand 2025 INSC 15 – Motor Accident Compensation

Motor Accident Compensation -Monthly income could be fixed taking into account the tax returns only if the details of payment of tax are appropriately brought into evidence so as to enable the Tribunal/Court to calculate the income in accordance with law.(Para 8) In the case of self-employed persons too, fixation of monthly income, taking the factor of future prospects cannot be denied. (Para 12)

Precedent – When in a decision this Court enunciates a principle of law, it is applicable to all cases irrespective of the stage of pendency thereof because it is to be assumed that what is enunciated by this Court is, in fact, the law from inception- We shall not be understood to have held that pursuant to enunciation of a principle of law, matters that attained finality shall be reopened solely for the purpose of applying the law thus laid. But at the same time, if the matter is pending, then, irrespective of the stage, the principle cannot be ignored. (Para 9)