SC issues guidelines on accident claim cases
The addition should be 30 per cent if the age of the deceased was between 40 to 50 years.
New Delhi: A five-judge constitutional bench of the Supreme Court issued guidelines on Tuesday relating to “future prospects” of the victim while awarding compensation in cases relating to motor accident claims.
A bench of Chief justice Dipak Misra and Justices A.K. Sikri, A.M. Kanwilkar, D.Y. Chandrachud and Ashok Bhushan said while determining the income, an addition of 50 per cent of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was bel-ow the age of 40 years, should be made.
The addition should be 30 per cent if the age of the deceased was between 40 to 50 years. In case the deceased was between the ages of 50 to 60 years, the addition should be 15 per cent. Actual salary should be read as actual salary less tax.
Writing the judgment, CJI Mira said in case the deceased was self-employed or on a fixed salary, an addition of 40 per cent of the established income should be the basis where the dece-ased was below the age of 40 years. An addition of 25 per cent where the deceased was between the age of 40 to 50 years.