Laying down guidelines for assessing a deceased or injured claimant's income in motor accident compensation cases, the Supreme Court has held that for salaried persons, the last available Income Tax Return ordinarily suffices to determine income, while for self-employed persons and business owners, tribunals should ordinarily take the average of up to three years' ITRs as the reference point for computing loss of dependency or loss of earning capacity.
The Court's guidance responds to a recurring source of inconsistency across Motor Accident Claims Tribunals, where income assessment methodology for self-employed claimants in particular had varied significantly from tribunal to tribunal, producing widely differing compensation outcomes on broadly similar facts.
By standardising the reference point — a single most-recent ITR for the salaried, a three-year average for the self-employed — the ruling narrows the scope for disputes over quantum in future MACT claims and gives claimants' counsel and insurers alike a clearer, more predictable basis on which to negotiate and litigate compensation.