AIROnline 2025 SC 976

Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): Pamidighantam Sri Narasimha, Manoj Misra , JJ

Motor Vehicles Act (59 of 1988) , S.168— Motor accident - Compensation for death claim - Determination - Since age of deceased at the time of accident was 27 years, multiplier of 17 adopted by High Court was proper - However, High Court had erred in excluding allowances from salary for determining the multiplicand - Income as determined by tribunal after including allowances was proper - Since it was not demonstrated that the allowances received were exempt from income tax , same were included in annual income and tax payable in the relevant year was deducted accordingly - Deceased was aged below 40 years at the time of accident - Deceased was an Engineer employed with a public sector undertaking - Addition of future prospects made by tribunal at the rate of 50% was proper - High Court had erred in reducing it to 40% - Deduction of 50% was made towards personal expenses - Compensation payable under conventional heads such as loss of filial consortium, loss of estate and funeral expenses was determined at the rate specified in Pranay Sethi as the accident was of the year 2011 - Compensation was determined accordingly AIROnline 2022 PAT 488-ReversedAIROnline 2024 SC 731-Relied on2012 AIR SCW 848-Relied onAIR 2017 SC 5157-Relied on (Para 11 12 13 14 15 ....