Motor accident matter died by wife driven by wife is this MACT matter

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HOW TO DECIDE QUANTUM OF COMPENSATION IN MOTOR ACCIDENT CLIAM PETITION. Prepared by : H. S. Mulia
2. 1. How to decide a claim petition wherein Fatal Injuries were sustained by the deceased:- 1.1 In Sarla Verma v/s Delhi Transport Corporation, reported in 2009 ACJ 1298 (SC) = AIR 2009 SC 3104 guidelines for determination of multiplier, future prospects of the deceased, deduction towards personal and living expenditures are issued. The ratio laid down in the case of Sarla Verma (supra) was considered by the Three Hon'ble Judges of the Hon'ble Apex Court in the case of Reshma Kumari v/s Madan Mohan, reported in 2013 ACJ 1253 (SC) and it is held that ratio laid down in the case of Sarla Verma (supra) should be followed by the all the Tribunals. The principles laid down in the case of Sarla Verma and Reshma Kumari (supra) qua determination of multiplier, is as under:-
3. a) Choice of Multiplier:- Age of the Deceased Multiplier Upto 15 years 15 15 to 20 years 18 21 to 25 years 18 26 to 30 years 17 31 to 35 years 16 36 to 40 years 15 41 to 45 years 14 46 to 50 years 13 51 to 55 years 11 56 to 60 years 9 61 to 65 years 7 Above 65 years 5
4. b) What should be the multiplier in the case of Fatal injury case, where deceased was unmarried son/daughter:- There are difference of opinion as to what should be the multiplier in the case of fatal injury case, where deceased was unmarried son/daughter. In Shyam Singh, reported in 2011 (7) SCC 65 = 2011 ACJ 1990 (SC), it has been held that Multiplier in the case of death of unmarried son/daughter, proper multiplier should be arrived at by assessing average age of parents of the deceased. But different views are taken by Hon'ble Apex Court in the cases of P. S. Somnathan v/s Dist. Insurance Officer, reported in 2011 ACJ 737 (SC), Amrit Bhanu Shali v/s NI Com., reported in 2012 ACJ 2002 (SC), Saktidevi v/s NI Com, reported in 2010 (14) SCC 575 and Reshma Kumari v/s Madan Mohan, reported in 2013 ACJ 1253 (SC). In the above referred cases, it has been held that in the case of death of unmarried son/daughter, multiplier should be applied on the basis of age of the deceased and not on the basis of average age of the parents of the deceased.
5. c) Future Prospect of Deceased:- In para No.11 of the Sarla Verma's (supra) judgment it is held as under:- “In view of imponderables and uncertainties, we are in favour of adopting as a rule of thumb, an addition of 50% of actual salary to the actual salary income of the deceased towards future prospects. where the deceased had a permanent job and was below 40 years. [Where the annual income is in the taxable range, the words 'actual salary' should be read as 'actual salary less tax']. The addition should be only 30% if the age of the deceased was 40 to 50 years. There should be no addition, where the age of deceased is more than 50 years. Though the evidence may indicate a different percentage of increase, it is necessary to standardize the addition to avoid different yardsticks being applied or different methods of calculations being adopted. Where the deceased was self-employed or was on a fixed salary (without provision for annual increments etc.), the courts will usually take only the actual income at the time of death. A departure therefrom should be made only in rare and exceptional cases involving special circumstances”.

Advocate Siddhant Sharma LawRato