Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: s. 166-Assessment of loss of dependency - Determination of just compensation - 30year old self-employed bachelor died in motor accident -Deceased earning Rs. 120001- per month -Ascertaining themultiplier, addition towards future prospects and deductionon account of personal and living expenses - Held: Deduction for personal and living expenses in case of abachelor would ordinarily be 50%'!:. On facts, no exceptionalcircumstances or compelling reasons for deviation therefrom- As far as future prospects are concerned, in case of self-employed persons below 40 years, there must be addition of 50% to the actual income while computing future prospects- In the instant case, deceased being of the age of 30 years,50% is the required addition to his actual income while .computing future prospects -·As far as multiplier isconcerned, that is to be chosen with reference to age of the deceased - On facts, deceased being aged between 26 to30 years, multiplier applicable would be 17 - Accordingly,appellants-claimants (parents of the deceased) entitled tocompensation of Rs. 18.36 lakhs towards loss of dependency Motor Vehicles Act, 1988 - Compensation -Computation of - Held: Compensation would basicallydepend on the evidence available in a case -Formulasshown by the courts are only guidelines- For this very reason,the Courts lodge caveat stating "ordinarily", "normally","exceptional circumstances", etc., while suggesting theformula. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2015 INSC 420 |
Petitioner | Munnalal Jain And Another |
Respondent | Vipin Kumar Sharmaano Others |
SCR | [2015] 7 S.C.R. 207 |
Judgement Date | 2015-05-15 |
Case Number | 4497 |
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