Motor Vehicles Act, 1988:
s. 166 - Motor accident - Compensation - Computation
of - Multiplier - Additional income for future prospects -
Deduction towards income tax as also personal expenses -
Held: It is high time that the courts move to a standard method
of selection of multiplier, income for future prospects and
deduction for personal and living expenses - In the
applications for compensation made u/s 166 in death cases
where the age of deceased is 15 years and above, Claims
Tribunals shall select the multiplier as indicated in Column
(4) of the table prepared in Sarla Verma read with the relevant
para of that judgment - As a result, there is no necessity for
Claims Tribunals to seek guidance or for placing reliance on
the Second Schedule in the 1988 Act - In cases where the
age of the deceased is up to 15 years, irrespective of s. 166
or s. 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 Verma should be followed -
For determination of compensation in death cases, and for
making addition to income for future prospects and deduction
in case of taxable salary, guidelines laid down in Sarla
Verma's case shall be followed - Further, with regard to
deduction for personal expenses ordinarily the judgment in
Sarla Verma's case, subject to the observations made in the
instant judgment, shall be followed.s. 168 - 'Just compensation' - Held: The expression, Just'
means that the amount so determined is fair, reasonable and
equitable by accepted legal standards.
In the instant appeals referred by a two-Judge Bench
for decision of a larger Bench, the question for consideration before the Court was: "whether while
considering an application for compensation made u/s
166, the multiplier specified in the Second Schedule can
be taken to be guide for determination of amount of the
compensation."