PLR Supreme Court e@journal

Motor Vehicles Act, 1988 (59 of 1988), S. 166 – Future prospects - Standardized percentage is capable of being varied if the evidence is so led  - Percentage for calculating future rise in income is no bar to future prospects being taken at a higher level where the assessment is based on actual evidence led to the satisfaction of the Tribunal/the Court that the future prospects were higher than the standard percentage provided in Pranay Sethi (2017-4)188 PLR 693 (SC)  -  Assessed income of the deceased at the time of the accident was Rs.6,273 per month - Tribunal, however added approximately 100 per cent towards future rise in income and considered the prospective income at Rs.12,000 per month, and after deducting 1/3rd towards personal expenses of deceased -  High Court declined to accept the future income rise as 100 per cent and took the same as 50 per cent in view of Sarla Verma & Ors. v. Delhi Transport Corporation (2009-3)155 PLR 22 (SC),  Constitution Bench judgment of this Court in National Insurance Company Limited v. Pranay Sethi & Ors (2017-4)188 PLR 693 (SC),  while examining the observations in Sarla Verma, gave its imprimatur to the addition of 50 per cent to actual salary of the deceased towards future prospects where the deceased had a permanent job and was below the age of 40 years, as in the present case -  However, in order passed in Hem Raj (2018-2)190 PLR 480 (S.C.), while taking note of the views expressed by Pranay Sethi, it has been observed that the percentage for calculating future rise in income is no bar to future prospects being taken at a higher level where the assessment is based on actual evidence led to the satisfaction of the Tribunal/the Court that the future prospects were higher than the standard percentage  - Two certificates dated 16.10.1998 and 8.7.2005 (date of accident 16.8.1998) were proved in terms whereof the deceased’s future prospects would have entitled her to a gross salary in the range of Rs.14,000 to Rs. 17,000 per month - No doubt the second certificate is dated 8.7.2005, after a lapse of 7 years from the first certificate, but then that would be a more realistic estimate of what a person holding that post would be earning at that stage of time - Thus, the assessment of the Tribunal is based on the evidence led in the present case - As noticed above, the standardized percentage is capable of being varied if the evidence is so led - Tribunal was justified in giving a 100 per cent increase and taking the future prospects at Rs.12,000 per month. 

 

PLR Supreme Court e@journal

Motor Vehicles Act, 1988 (59 of 1988), S. 166 – Deduction -  Percentage of  - Deceased is survived by the two parents, 50 per cent amount be deducted as personal and living expenses of the deceased when the deceased is unmarried or widowed.

 

PLR Supreme Court e@journal

 Motor Vehicles Act, 1988 (59 of 1988), S. 166 – Costs - Litigation of two decades, which the appellants have had to go through before different forums to claim the amounts due to them and we are of the view that they should be held entitled to costs throughout, which we assess at Rs.25,000. 

 

PLR Supreme Court e@journal

 

 

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