SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(Bom) 907

G.S.PATEL
New India Assurance Co Ltd. – Appellant
Versus
Dharmishta Jitendra Mehtalia – Respondent


Advocates Appeared:
For the Appellant : Sandeep S. Jinsiwale.
For the Respondent: A.M. Gokhale.

JUDGMENT :

G.S. PATEL, J.

1. The short question for consideration in this motor accident First Appeal is this: where the victim is shown to be self-employed, what is the appropriate method or approach in assessing his income for calculating the loss of dependency? For a salaried person, the question presents no difficulty at all. Similarly, where there is a regular income received from a defined source with periodic increments, there again there should be no difficulty at all. But a self-employed person may have a widely variable income from year to year. This may be attributable to a variety of reasons: market fluctuation if he is in business, the ebb and flow of consultancy work if he is otherwise self-employed, a sudden dip in income because of illness or temporary incapacity of some kind, and so on. At the most general level, it is common experience to find among self-employed professionals years in which their income is reasonable or moderate, followed by a sudden increase, only to be followed in the next year by a decline that may be of a level higher than the first year but less than the second. This may particularly happen in certain professions that demand personalized or in



























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top