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    Tulsi
    Dash  ·  
    May 12, 2021

    Motor Accident Compensation - Self-Employed Deceased Aged Below 40 Years Entitled To 40% Addition As Future Prospects : Supreme Court

    in News Updates



    In order to compute motor accident compensation in case of death of a person who was less than 40 years old and was self-employed, the Supreme Court has reiterated that addition of 40% income must be given towards future prospects.


    "This Court in a Five Judge Bench decision in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680,clearly held that in case the deceased is self­-employed and below the age of 40, 40% addition would be made to their income as future prospects. In the present case, the deceased was self-­employed and was 37 years old, therefore, warranting the addition of 40% towards future prospects", the Supreme Court observed.


    The Supreme Court found fault with this approach, as the Pranay Sethi judgment had held that deduction towards personal expenses must be 1/3rd of the income when the deceased was married with two dependents.

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