Tuesday, March 8, 2022

Deceased was in age bracket of 56-60 years, multiplier of 9 would be appropriate.


Allahabad High Court
Motor Vehicles Act, 1988- Sections 166,168 and 173 Compensation-Determination of- Deceased aged about 59 years and a salaried person-His annual income after  deduction of tax was 7,49,562-Income rounded off to Rs. 7,50,000-Towards future loss of income an addition of 15% allowed in view of provisions of the U.P. Motor Vehicles Rules, 1988- Deceased was in age bracket of 56-60 years, multiplier of 9 would be appropriate-As per decision in  \Pranay Sethi, a sum of Rs. 80,000 granted towards non-pecuniary damages-Sons being major cannot be treated as dependent-A sum of 50% deducted towards personal expenses of the deceased-Taking the total income of the deceased at Rs. 8,62,500 and deducting 1/2 towards personal expenses, the loss of dependency  Rs.38,79,000 by applying multiplier of 9-Pecuniary damages of Rs. 80,000 added to that to fix the total compensation at Rs. 39,59,000- Interest allowed @ 7.5% pa from the date of filing of the claim-Appeal disposed of accordingly. 
Decided on October 8, 2021

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