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2026 Supreme(Raj) 711
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHUTOSH KUMAR, J.
Smt. Bidami Devi Wife of Late Shri Banwari Lal - Appellant
Versus
Deen Dayal Yadav Son of Shri Nathuram Yadav - Respondent
S.B. Civil Miscellaneous Appeal No. 6585 OF 2017
Decided On : 06-01-2026
For the Appellant : Mr. Sandeep Mathur, Adv.
For the Respondent: Mr. N.L. Verma, Adv.
If the deceased's age group is determined to be between 40 and 50 years for applying a multiplier, a 30% addition for future prospects must be granted, regardless of specific months beyond 50, consistent with Constitution Bench guidelines.
Headnote:(A) Motor Vehicles Act - Quantum of Compensation - Future Prospects - Multiplier applied based on age group 40 to 50 years - High Court reduced future prospects to 15% citing actual age over 50 years while maintaining the multiplier for the 40-50 age group - If age group is considered as 40 to 50 years, addition for future prospects must be 30% as per the guidelines of the Constitution Bench - No justification for reducing the percentage of future prospects when the age group for the multiplier is maintained. (Para 9)
Facts of the case:
In a claim for compensation arising from a motor accident, the Tribunal categorized the deceased in the 40-50 age group and applied a multiplier of 13. On appeal, the High Court maintained the multiplier of 13 but reduced the addition for future prospects to 15%, reasoning that the deceased was 50 years and 3 months old on the date of the accident.
Findings of Court:
The court found that the High Court committed an error by granting only 15% towards future prospects. Since the age group was accepted as 40 to 50 years for the purpose of applying the multiplier, the same classification must be adhered to for calculating future prospects.
Issues: Whether the grant of 15% towards future prospects is justifiable when the deceased is categorized in the 40-50 age group for the purpose of applying a multiplier.
Ratio Decidendi: When the age group of the deceased is determined to be between 40 and 50 years, an addition of 30% for future prospects is required as per the guidelines of the Constitution Bench. If the appellate court maintains the multiplier applicable to the 40-50 years age group, it cannot concurrently reduce the future prospects to 15% based on the specific age.
Result: Compensation enhanced by applying 30% future prospects instead of 15%.
Legal Category Hierarchy
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tort
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motor accident compensation
- future prospects
- multiplier
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motor accident compensation
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practice and procedure
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appeal
- compensation enhancement
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appeal
ORDER :
ASHUTOSH KUMAR, J.
"9. The Tribunal, by recording a finding that the deceased was in the age group of 40 to 50 years, applied the multiplier of 13 while calculating the compensation. The High Court, curiously while maintaining the multiplier of 13 as per the judgment of this Court in compensation only on the ground that the deceased was aged 50 years 3 months on the date of the accident, as such the compensation is to be calculated on account of loss of dependency by granting future prospects at 15% but not 30%. So far as the application of multiplier of 13 by the Tribunal is concerned, the High Court has not interfered with the same. When the age of the deceased was considered in the group of 40 to 50 years, we are of the view that the High Court has committed error in granting only 15% towards future prospects instead of 30%. As per the judgments of this Court, primarily the age group is to be considered. Considering the age group as 40 to 50 years, when the multiplier of 13 is maintained by the High Court, there is no reason or justification for reducing the compensation by granting 15% towards future prospects. Though the learned counsel appearing for Respondent 1 Insurance Company has submitted that the compensation towards future prospects was awarded as per the Constitution Bench judgment of this Court in National Insurance Co. Ltd. v. Pranay Sethi3 but at the same time it is to be noticed that in the very same judgment in para 59.3, while considering the grant of future prospects, this Court has specifically that the addition should be 30% if the age of the deceased was in the age group of 40 to 50 years. For application of multiplier, the High Court has also accepted the age group of the deceased between 40 and 50 years. In that view of the matter, there is no reason for reducing the compensation by granting future prospects at 15% only."
