8.1. With respect to the issue of Future Prospects, a Constitution Bench of this Court in Pranay Sethi (supra) has held that in case the deceased was self-employed or on a fixed salary, and was below 40 years of age, an addition of 40% of the established income should be granted towards Future Prospects.
Future Prospects are to be awarded on the basis of:
i. the nature of the deceased's employment; and
ii. the age of the deceased.
In the present case, it is claimed by the family of the deceased that he was engaged in making namkeen, and was earning a monthly income of about Rs. 15,000 per month. However, no evidence was brought on record to establish the same. The MACT as well as the High Court assessed the income of the deceased on the basis of the minimum wage of an unskilled worker. The nature of his employment being taken as a self-employed person.
The deceased was 24 years old at the time of the accident. Hence, future Prospects ought to have been awarded at 40% of the actual income of the deceased, instead of 50% as awarded by the High Court.
Hence, the judgment of the High Court on this issue is modified to that extent.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 9581 of 2018.
Decided On: 18.09.2018
Magma General Insurance Co. Ltd. Vs. Nanu Ram and Ors.
Hon'ble Judges/Coram:
Rohinton Fali Nariman and Indu Malhotra, JJ.
Author: Indu Malhotra, J.
Citation: MANU/SC/1012/2018,(2018) 18 Supreme Court Cases 130.
Read full Judgment here: Click here.
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