If you sold a car to your friend and they accidentally wired you $20k instead of $10k, you wouldn't use "other people make mistakes and lose money permanently" as an excuse, you would send it back (I hope).
That's a different scenario. We will have agreed on a price in advance, so it is clear what you sent was a mistake.
If I pay 100 sats/vbyte in fees, is that clearly a mistake? What about 200? 500? The
last block contained two transactions paying over 1,000 sats/vbyte in fees, when 40 sats/vbyte would have been sufficient. Should the miner refund those transactions? Or indeed, should they refund every transaction which paid more than what was necessary?