For determination of future loss of earning multiplier method should be followed

Citation

AIR 2005 SUPREME COURT 2157

SUPREME COURT

(From : Kerala)*

DR . ARIJIT PASAYAT , J. and S. H. KAPADIA , J.

Civil Appeal No. 1862 of 2005, (arising out of SLP (C) No. 19401 of 2004), D/- 29 - 3 - 2005

New India Assurance Co. Ltd Appellant v. Charlie and another Respondents.

(A)Motor Vehicles Act (59 of 1988), S.168 - Compensation - Determination - Claimant sustaining

injuries resulting in permanent disability - His age was about 37 years at time of accident and

he was deriving income from agriculture - Normal rule about deprivation of income is directly

not applicable to cases where agricultural income is source of deceased's or injured's income

- In that case other circumstances have to be considered - In view of totality of circumstances

and by taking into consideration various factors compensation was reduced to Rs.3,50,000/-.

 (Paras 4 , 18 , 19 , 22) 

(B)Motor Vehicles Act (59 of 1988), S.168 - Compensation - Proper multiplier - Determination

- Highest multiplier has to be for age group of 21 years to 25 years - Lowest would be in respect

of person in age group of 60 to 70 which is normal retirement age.