CLX-RAJ-HC-2019-000038

Uttar Pradesh State Road, Transport Corporation, Idgah Depot, Agra (U.P.) Versus Suresh Chand Maheshwari, S/o Salig Ram Maheshwari and Ors.

Rajasthan High Court · Rajasthan · 15 April 2019

Dismissed

Core ratio / Key holding

An addition of 50% of actual salary to the income of the deceased towards future prospects is to be made where the deceased had a permanent job and was below the age of 40 years.

Headnote

Motor Accident Claims — Compensation — Future Prospects — Permanent Job — Age Below 40 Years

Issues for determination

  • Whether the Tribunal erred in granting an addition of 50% of the amount of compensation towards future prospects of the deceased?

Ratio decidendi

  • An addition of 50% of actual salary to the income of the deceased towards future prospects is to be made where the deceased had a permanent job and was below the age of 40 years.

Important points

  • Held: The Tribunal rightly granted 50% addition for future prospects as the deceased had a permanent job and was 37 years old, aligning with Supreme Court precedent.

Keywords

Future ProspectsCompensationMotor Accident ClaimsPermanent JobMultiplier

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