Case Note & Summary
The Maharashtra State Road Transport Corporation (MSRTC) appealed against the judgment and order dated 11.04.2016 passed by the Motor Accident Claims Tribunal at Aurangabad in Motor Accident Claim Petition No.69/2015. The claimants, respondents 1 to 5, had sought compensation for the death of Ganesh Jagannath Thombre, who died in a vehicular accident on 01.12.2014 involving an ST bus bearing registration no. MH14BT2455. The claimants alleged that the accident occurred due to the rash and negligent driving of the bus driver, respondent no.6. The Tribunal awarded compensation of Rs. 9,50,000, which included an addition of 50% towards future prospects on the deceased's income. The deceased was a self-employed person. The appellant MSRTC challenged the addition of 50% towards future prospects, arguing that such addition is not permissible for self-employed persons under settled law. The court considered the issue and held that for self-employed persons, no addition towards future prospects can be made. The court relied on the principle that future prospects are only applicable to persons with a regular salary or employment. Consequently, the court modified the award by deleting the 50% addition for future prospects, reducing the compensation to Rs. 6,50,000. The appeal was partly allowed, and the award was modified accordingly.
Headnote
A) Motor Accident Compensation - Future Prospects - Self-Employed Deceased - Addition of 50% towards future prospects is not permissible for self-employed persons - The Tribunal erred in adding 50% of the deceased's income towards future prospects as the deceased was self-employed - Held that the award must be modified by deleting the addition for future prospects (Paras 2, 4-5).
Issue of Consideration
Whether the Claims Tribunal could add 50% of the actual income of a self-employed deceased towards future prospects while determining compensation payable to his legal representatives.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The compensation amount is reduced from Rs. 9,50,000 to Rs. 6,50,000. The rest of the terms of the award remain unchanged.
Law Points
- Future prospects not applicable to self-employed persons
- Compensation for self-employed deceased
- Motor Accident Claims Tribunal
- Section 166 Motor Vehicles Act
- 1988
