Motor Accident Compensation-Self Employed Deceased Aged Below 40 Years Entitled To 40% Addition As Future Prospects: SC


Motor Accident Compensation-Self Employed Deceased Aged Below 40 Years Entitled To 40% Addition As Future Prospects: SC

What Is The Case

● If the deceased was self-employed and under the age of 40, the Supreme Court has reiterated that a 40 per cent increase in income must be applied to future prospects when calculating motor accident compensation.

● "This Court clearly held in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, that if the deceased was self­ employed and under the age of 40, a 40 per cent addition to their income must be made as to future prospects."

● Since the deceased was self-employed and 37 years old in this situation, a 40 per cent increase in potential prospects may be justified "The Supreme Court remarked.

Details

● Under Sections 166 and 140 of the Motor Vehicles Act, 1988, the Appellants filed a claim petition with the Motor Accidents Claims Tribunal (hereinafter, "the MACT"), seeking compensation for the death of their parents. Mrs Manisha Sharma, the appellants' mother, was a self­ employed person and was about 37 years old.

● The pecuniary compensation was estimated at Rs. 19,16,000, and the non­pecuniary damages were calculated at Rs. 2,50,000, for a cumulative compensation of Rs. 21,66,000 by the High Court in its common judgment.

● The High Court deducted 50 per cent of income for personal and living expenses when it issued the aforementioned impugned order. The deceased, however, was found disqualified for potential opportunities by the High Court because she was self ­employed.

Court’s Order

● Since the deceased was self-employed, the High Court ruled that she was unavailable for potential opportunities. The deceased's personal expenses were also deducted 50% by the High Court. The Supreme Court disagreed with this approach, citing the Pranay Sethi decision, which stated that when the deceased was married with two dependents, the deduction of the personal expenses must be 1/3rd of the income.

● In National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, a five-judge bench of this Court held unequivocally that if the deceased is self ­employed and under the age of 40, their income would be increased by 40% as future prospects. In this scenario, the deceased was self­ employed and 37 years old, necessitating a 40 per cent increase in career prospects.

● The compensation given to the Appellants by the High Court has been changed to include a one­ third (1/3rd) deduction for personal and living expenses and a 40% extension for potential prospects. The deceased's (Mrs Manisha Sharma's) annual income was Rs. 2,55,349. The annual income is calculated at Rs. 2,38,326/­ after deducting personal and living expenses and adding potential prospects. As a result, the gross loss of dependence has been estimated to be Rs. 35,74,890/­.

● As a result, the cumulative compensation is set at Rs. 38,24,890, payable with interest at 9% per annum from the date of filing the claim petition until realisation, offset against any portion compensation already earned, if any.

What do you think about this order?

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