MUNNALALJAIN & Anr. v. VIPIN KUMAR SHARMAANO OTHERS

7 S.C.R. 207 MUNNALALJAINANDANOTHER . .. v. VIPIN KUMAR SHARMAANO OTHERS (Civil Appeal No. 4497 of 2015) MAY 15, 2015 [ANIL R. DAVE, MADAN B. LOKUR AND KURIAN JOSEPH, JJ.] A B Motor Vehicles Act, 1988: s. 166-Assessment of loss c. _ of dependency - Determination of just compensation - 30 year old self-employed bachelor died in motor accident - Deceased earning Rs. 120001- per month -Ascertaining the multiplier, addition towards futufe prospects and deduction on account of personal and living expenses - Held: D Deduction for personal and living expenses in case of a bachelor would ordinarily be 50%'!:. On facts, no exceptional circumstances or compelling reasons for deviation therefrom - As far as future prospects are concerned, in case of self employed persons below 40 years, there must be addition of E 50% to the actual income while computing future prospects - In the instant case, deceased being of the age of 30 y~ars, 50% is the required addition to his actual income while . computing future prospects -·As far as multiplier is concerned, that is to be chosen with reference to age of the F deceased - On facts, deceased being aged between 26 to 30 years, multiplier applicable would be 17 - Accordingly, appellants-claimants (parents of the deceased) entitled to compensation of Rs. 18.36 lakhs towards loss of dependency G Motor Vehicles Act, 1988 - Compensation - Computation of - Held: Compensation would basically depend on the evidence available in a case -Formulas shown by the courts are only guidelines- For this very reason, H 207 208 SUPREME COURT REPORTS [2015] 7 S.C.R. A B c the Courts lodge caveat stating "ordinarily", "normally", "exceptional circumstances", etc., while suggesting the formula.