Supreme Court of India · 2019-12-10
KUNJAN SADANA vs MAHESH KUMAR
- Citation / case number
- SC 2018/29727
- Court
- Supreme Court of India
- Petitioner
- KUNJAN SADANA
- Respondent
- MAHESH KUMAR
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE S. ABDUL NAZEER, HON'BLE MR. JUSTICE SANJIV KHANNA
Judgment text excerpt
The Supreme Court held that in calculating compensation for a motor vehicle accident under the Motor Vehicles Act, the multiplier should be based on the age of the deceased rather than the age of the parent. The Court emphasized that future prospects must be considered, referencing the precedent set in National Insurance Company Limited v. Pranay Sethi, which allows for a 40% addition to the income of a self-employed deceased under 40 years of age. The Court ultimately enhanced the compensation amount, correcting the multiplier to '18' and including future prospects, leading to a revised total compensation of Rs. 5,02,620/-.