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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHUTOSH KUMAR, J.
Smt. Roshni Vaishnav Wife Of Shri Pranay Harivyas – Appellant
Versus
Kailash Sain, S/o Gopal Lal Sain - Respondent
S.B. Civil Miscellaneous Appeal No. 37 of 2022
Decided On : 06-01-2026
ORDER :
ASHUTOSH KUMAR, J.
"14. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardized deduction. Having considered several subsequent decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be onethird (1/3rd) where the number of dependent family is 2 to 3, one-fourth (1/4th) where the number of dependent family members is 4 to 6, and one-fifth (1/5th) where the number of dependent family members exceed six."
"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 Sarla Verma, has reduced the 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 said 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."
The appropriate multiplier for compensation in motor accident claims should be based on the deceased's age, with additional allowances for future prospects and non-pecuniary damages.
The court modified the tribunal's compensation award based on established legal precedents regarding future prospects and deduction ratios in compensation calculations.
The appropriate multiplier for calculating compensation must consider the age of the deceased, and 10% future prospects should be included in the compensation amount.
Choice of multiplier – It is age of deceased which ought to be taken into consideration and not age of dependants for arriving at the multiplier.
Determination of compensation in fatal accident claims must consider future income prospects and the appropriate multiplier based on the deceased's age, rather than that of family members.
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
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