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AIR 2023 SC 44
::2023 AAC 725
Supreme Court Of India
Hon'ble Judge(s):
Krishna Murari,
Bela M.trivedi
, JJ
Motor Vehicles Act (59 of 1988) , S.168— Compensation - Occurrence of accident and liability of insurer to pay compensation, not disputed - Claimants had filed Income Tax Return of deceased, which reflected deceased's annual income to be Rs.1,18,261 - Accordingly deceased's annual income fixed at Rs.1,18,261/- - Deceased was survived by seven dependants, thus appropriate deduction for personal expenses for deceased ought to be 1/5th only and not 1/4th as applied by Tribunal and High Court - Deceased was under 40 years of age and was self-employed -Thus, entitled to addition of future prospects of 40% of his established income by High Court - High Court erred by not granting an increment of 10% on conventional heads in every three years - Compensation under heads of spousal and parental consortium also needed to be increased by 10% - Thus, spousal consortium was awarded at Rs.44,000/- and towards parental consortium at rate of Rs.44,000/ each awarded to three children - Accordingly, total compensation payable to claimants was enhanced from Rs.11,41,000/- to Rs.25,91,388/- with interest @ 9% p.a. (Para 9 12 15 16 17 18) .....
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