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SUPREME COURT OF INDIA
(R.M. LODHA, J. CHELAMESWAR AND
MADAN B. LOKUR, JJ.)
RESHMA KUMARI AND ORS.
Appellants
VERSUS
MADAN MOHAN AND ANR.
Respondents
Civil
Appeal No. 4646 of 2009 with Civil Appeal No. 4647 of 2009-Decided on 2-4-2013.
(1)
Whether multiplier specified in the Second Schedule appended to the Motor
Vehicles Act, 1988 (for short “the 1988 Act”) should be scrupulously applied in
all cases? and (2) Whether for determination of the multiplicand, the 1988 Act
provides for any criterion, particularly as regards determination of future
prospect
...........
40. In what we have discussed above, we sum up our
conclusions as follows:
(i) In the applications for compensation made under
Section 166 of the 1988 Act in death cases where the age of the deceased is 15
years and above, the Claims Tribunals shall select the multiplier as indicated
in Column (4) of the table prepared in Sarla Verma17 read with para 42 of that
judgment.
(ii) In cases where the age of the deceased is upto
15 years, irrespective of the Section 166 or Section 163A under which the claim
for compensation has been made, multiplier of 15 and the assessment as
indicated in the Second Schedule subject to correction as pointed out in Column
(6) of the table in Sarla Verma17 should be followed.
(iii) As a result of the above, while considering
the claim applications made under Section 166 in death cases where the age of
the deceased is above 15 years, there is no necessity for the Claims Tribunals
to seek guidance or for placing reliance on the Second Schedule in the 1988
Act. (iv) The Claims Tribunals shall follow the steps and guidelines stated in
para 19 of Sarla Verma17 for determination of compensation in cases of death.
(v) While making addition to income for future
prospects, the Tribunals shall follow paragraph 24 of the Judgment in Sarla Verma17.
(vi) Insofar as deduction for personal and living
expenses is concerned, it is directed that the Tribunals shall ordinarily follow
the standards prescribed in paragraphs 30, 31 and 32 of the judgment in Sarla
Verma17 subject to the observations made by us in para 38 above. (vii) The
above propositions mutatis mutandis shall apply to all pending matters where
above aspects are under consideration.
41. The reference is answered accordingly. Civil
appeals shall now be posted for hearing and disposal before
the regular Bench.
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