Deceased 28 years of age – Notional Income -- Future prospects – Notional income considered as 6,500/- per month, 40% added towards future prospects.

(SC) Decided on: 17.10.2022

Compensation in motor vehicle accident case – Deceased mason aged 48/52 years – High Court awarded compensation towards loss of dependency at Rs. 2,97,000/- considering the income of the deceased at Rs. 3,000/- p.m. after deducting 1/3rd towards the personal expenditure of the deceased – Total Rs.3,92,000/- under different heads along with interest @ 9% per annum from the date of filing of the claim petition awarded – Held, while awarding loss of dependency, future prospects and rise in income ought to have been considered -- 25% of Rs. 3,000/- per month considered towards future prospects -- It can be said to be just compensation -- Claimants held entitled to a total sum of Rs. 4,25,000/- under different heads along with interest @ 9% per annum from the date of filing the claim petition till its realization.

(SC) Decided on : 19.09.2022

Rules contemplates addition of 20% of salary for future prospects -- If an indicia is made available in the form of a statutory instrument which affords a favourable treatment, the decision in Pranay Sethi’s case (2017) 16 SCC 680 = (2017) Law Today Live Doc. Id. 10002 cannot be taken to have limited the operation of such statutory provision specially when the validity of the Rules was not put under any challenge – Prescription of 15% in cases where the deceased was in the age bracket of 50-60 years as stated in Pranay Sethi cannot be taken as maxima.

(SC) Decided on: 06.08.2021

Unmarried deceased aged 32 years at the time of his death -- Eligible claimant is entitled to the benefit of future prospects @ 50%.

(P&H HC) Decided on: 14.07.2021

Deceased was 39 years of age at the time of his death, therefore, 50% addition of actual salary on account of future prospects made out.

(P&H HC) Decided on: 23.04.2021

Deceased was 34 years old – Appellants are held entitled to compensation as awarded by the Tribunal, besides 40% addition in the annual income of the deceased towards ‘future prospects’.

(SC) Decided on: 08.12.2020

Deceased 34 years old professional driver -- 25% increase for future prospects added.

(P&H HC) Decided on: 26.11.2020

Age at the time of accident was found to be above 34 years -- Permanent disability -- 50% disability assessed at Tribunal stage -- 100% assessed at High Court stage – Victim in Coma – 40% awarded for loss of future prospects.

(SC) Decided on: 17.09.2020

Deceased Government employee – Deceased aged 53 years at the time of his death -- Since, the deceased was permanent Government employee addition of 15% to the income of the deceased towards future prospects.

(P&H HC) Decided on: 17.09.2020

Age of the injured/appellant was 23 years -- Future prospects on advancement in life and career are also to be taken into consideration – Future prospects 50% of the actual salary taken.

(SC) Decided on: 27.07.2020

Deceased 40 years old – Future prospects @ 30%.

(SC) Decided on: 30.06.2020

Tribunal took the monthly income of the deceased as Rs.2,000/- per month, while treating him as a manual worker – So, the claim petition was maintainable u/s 163-A of the Act – Deceased was 28 years of age and was bachelor – Compensation for future prospects assessed at Rs.9,600/- for 2 years.

(P&H HC) Decided on: 30.06.2020

Deceased aged 35 years – Future prospects 40%.

(SC) Decided on: 16.06.2020

Deceased was aged 50 years 3 months -- High Court reduced the future prospects at 15% from 30% -- Held, High Court has committed error in granting only 15% towards future prospects instead of 30% -- Award of Tribunal restored.

(SC) Decided on: 12.06.2020

Deceased was 15 years and about 7 months old and was a student of 9th class -- Claimants shall be entitle to addition in income for future prospects @ 40%.

(P&H HC) Decided on: 14.11.2019

Deceased, self-employed person aged 37 years -- 40% loss of future prospects assessed.

(P&H HC) Decided on: 28.05.2019

EFB Scheme Monthly Payment – Deduction of – Amount of Rs.50,082/- is to be paid to the legal heirs under the EFB Scheme only till date of retirement of the deceased for a period of about 7 years – This payment will cease thereafter – Since the claimants are getting quite an advantage, MACT was right in not taking into consideration the future prospects in the peculiar facts and circumstances of the case -- Payment of the amount under the EFB Scheme more than offsets the loss of future prospects – This would be ‘just’ compensation.

(SC) Decided on: 12.10.2018

Unmarried deceased aged 24 years – Unskilled worker – Nature of his employment being taken as a self-employed person -- 40% added towards future prospects.

(SC) Decided on: 18.09.2018

Deceased 17 years old – Income as per daily wages Rs.5,000/- taken – 40% future prospects.

(P&H HC) Decided on: 08.02.2018

Deceased aged 42 years -- Annual income of the deceased as per (ITR for 2010-11, 2011-12 and 2012-13) would be Rs 1,81,500 – After adding 25% for future prospects, income would stand at Rs 2,26,875.

(SC) Decided on : 02.02.2018

Bachelor deceased 29 years old, in 2006 -- As regards future prospects, an addition of 50 per cent would be warranted.

(SC) Decided on : 19.01.2018

Bachelor/Deceased was aged 20 years in 2008 and was pursuing C.A. – Addition of 40% towards future prospects would also be warranted.

(SC) Decided on : 19.01.2018

Deceased aged 57 years, employed in Indian Air Force -- Future prospects 15% given.

(P&H HC) Decided on : 19.01.2018

Deceased carpenter aged 25 years – Addition of 50% for future prospect, upheld.

(P&H HC) Decided on : 19.01.2018

Notional income – Deceased, having been proved to be a self-employed person by the claimants, they are entitled to the increase of compensation on account of future prospects to the extent of 40% -- Even in case of assessment of the income by the Tribunal on notional basis, the claimants would be entitled to the benefit of the increase of compensation on account of future prospects of the deceased -- Any income assessed by the Tribunal shall be the established income for the purpose of grant of future prospects.

(P&H HC) Decided on : 27.11.2017

Benefit of future prospects cannot be denied on the ground that the Tribunal has assessed the income of the deceased on notional basis and that the claimants has not proved, by documentary evidence, the exact figure of that notional income.

(P&H HC) Decided on : 22.11.2017

Deceased was having a license of vegetable vendor -- Monthly income of the deceased is taken to be Rs.10,000/- per month – Benefit of future prospects cannot be denied to a self-employed person – Deceased aged 50 plus, claimants are entitled to the benefit of enhancement on account of future prospects @ 10%.

(P&H HC) Decided on : 22.11.2017

Permanent job -- While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made -- Addition should be 30%, if the age of the deceased was between 40 to 50 years -- In case the deceased was between the age of 50 to 60 years, the addition should be 15% -- Actual salary should be read as actual salary less tax.

(SC) Decided on: 31.10.2017

Self-employed – Job on fixed salary -- In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years -- An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation -- Established income means the income minus the tax component.

(SC) Decided on: 31.10.2017

Age of the deceased was 45 years and he was an employee in the Government Press, 30% increase in his income made by the Tribunal cannot be reduced.

(P&H HC) Decided on: 11.08.2017

Deceased was unmarried and aged about 23 years at the time of his demise – 50% on account of future prospects cannot be denied merely due to the pendency of any matter/reference before the Hon'ble Supreme Court qua compensation on account of future prospects.

(P&H HC) Decided on: 09.01.2017

Accident dated 26.8.2013 – Deceased was aged 32 years -- 50% appreciation for future prospects.

(P&H HC) Decided on: 02.06.2016

Deceased 47 years at the time of accident – Addition of 30% to the income of the deceased towards future prospects.

(P&H HC) Decided on: 27.05.2016

Deceased was 42/43 years when she died in the accident, there had to be an addition of 30% to the actual income of the deceased on account of future prospects.

(P&H HC) Decided on: 27.05.2016

Deceased aged 21 years -- Appellants are entitled to the benefit of 50% increase towards future prospects in view of the law laid down in Rajesh’s case (2013) 9 SCC 54 -- Disbursement of amount of compensation towards 'future prospects' shall be subject to furnishing requisite indemnity bonds by the claimants as the question of admissibility of future prospects to daily wagers/self-employed persons is pending adjudication before Hon'ble the Supreme Court in SLP No.16735 of 2014.

(P&H HC) Decided on: 26.05.2016

Accident occurred in 2011 – Deceased was 23 years old and was motor mechanic -- 50% of his income shall be added towards the future prospects.

(P&H HC) Decided on: 27.04.2016

Deceased was serving in army and getting salary of Rs.9056/- p.m. taken as to be Rs.9000/- -- Deceased was below 40 years of age at the time of accident -- So, 50% of the income of the deceased is required to be added towards the future prospects.

(P&H HC) Decided on: 21.04.2016

Deceased was 39 years of age at the time of the accident and was owner of commercial vehicle -- Tribunal has added 50% of his income towards future prospects -- Income of the transporters always increases with the passage of time as freights are increasing day by day -- Thus, there was very bright prospects of the increase in the income of the deceased in future -- No fault can be found in adding the future prospects to the income of the deceased by the learned Tribunal in order to assess the amount of compensation.

(P&H HC) Decided on: 31.03.2016

Deceased was 46 years at the time of death an addition of 30% is ordered in the actual income of the deceased towards future prospects.

(P&H HC) Decided on: 17.03.2016

Concept of future prospects envisages chances or opportunities for success and further progress in life which is a normal course of event for every human being involved in any avocation -- Even if, keeping in view his ability, capacity etc., one may not be in a position to rise in life, there is another aspect that justifies the grant of addition in the income of the deceased, which is the 'inflationary trend' in which we all are living -- Amount of compensation is required to be just and reasonable keeping the inflationary trend in view, where the prices of the basic amenities of life are likely to increase further – Award of 50% towards future prospects, upheld.

(P&H HC) Decided on: 16.03.2016

Deceased aged 44 years was working as Home Guard with monthly salary of Rs.12,046/-, the services could be terminated at any time as he was working on daily wage basis -- Increase in future income Rs.2250/-.

(P&H HC) Decided on: 15.03.2016

Accident dated 10.12.1998 -- Age of the deceased was 43 years, there has to be an addition of 30% to the actual income of the deceased on account of future prospects.

(P&H HC) Decided on: 14.03.2016

Accident dated 10.12.1998 – Deceased aged 48/50 years -- An addition of 30% to the actual income of the deceased on account of future prospects allowed.

(P&H HC) Decided on: 14.03.2016

Deceased Vikram was 19 years of age at the time of his death -- Keeping in view the law laid down in Rajesh’s 2013(3) R.C.R. (Civil), 170 (SC), an addition of 50% is ordered in the actual income of the deceased towards future prospects.

(P&H HC) Decided on: 14.03.2016

Deceased aged 37 years at the time of his death -- An addition of 50% to his actual income computing future prospects is to be allowed.

(P&H HC) Decided on: 11.03.2016

Deceased was 29 year old as per the postmortem report – 50% of the income added as future prospects.

(P&H HC) Decided on: 11.03.2016

Deceased was serving in army -- Deceased was less than 27 years -- 50% future prospects added towards his income.

(P&H HC) Decided on: 09.02.2016

Presumed to be 18 year old at the time of death -- 50% added as future prospects [Rs.3000/- + Rs.1500/-] Rs. 4500/- per month.

(P&H HC) Decided on: 20.11.2015

At the time of accident, the appellant (injured) was a young man of 24 years -- 30% added towards future prospects.

(P&H HC) Decided on: 19.11.2015

Appellant had suffered permanent disability to the extent of 75% and he was awarded compensation with respect to the bills only – 50% added towards Future Prospects (23 years of age).

(P&H HC) Decided on: 16.11.2015

Deceased was a final year student of Mechanical Engineering and was a brilliant student – Salary of deceased assessed as Rs.10000/- p.m. -- 50% added as future prospects amounts to Rs.10000+Rs.5000=Rs.15000/- p.m.

(P&H HC) Decided on: 16.11.2015

Deceased carpenter aged 25 years – Addition of 50% for future prospect, upheld.

(P&H HC) Decided on: 06.11.2015

Deceased aged 22 years was bachelor -- Claimant held entitled for 50% increase in income of deceased towards future prospects.

(P&H HC) Decided on: 04.11.2015

Claimant-Driver is injured with 100% disability for earning – Appellant aged 30 years was working as a professional driver – 50% enhancement for future prospects.

(SC) Decided on: 28.07.2015

Deceased aged 30 years was Bachelor -- Multiplier, in the case of the age of the deceased between 26 to 30 years is 17 – By taking monthly income as Rs.12,000 with future prospects of 50% increase total compensation will be assessed as : (Rs.12,000 + Rs.6000) x 50% x 17 = Rs.18,36,000/- alongwith 7.5% interest p.a. from the date of institution of claim petition.

(SC) Decided on: 15.05.2015

Deceased was bachelor aged 18 years -- 50% appreciation for future prospects required to be given.

(P&H HC) Decided on: 19.03.2015

Deceased was 27 years of age, working with HDFC as the Manager earning Rs.1,81,860/- per annum -- 50% added under the head of future prospects to the annual income.

(SC) Decided on: 13.01.2015

Deceased was under 40 years of age, 50% increase has to be allowed towards future prospects.

(P&H HC) Decided on: 12.01.2015

Deceased was unmarried boy aged 21 years, a Constable with Punjab Police – Salary Rs.2,300/- p.m., addition of 50% had to be made towards future prospects and the total income would come to Rs.3450/-.

(P&H HC) Decided on: 12.01.2015

Accident pertains to the year 1989 -- Deceased was 28 years of age at the time of his death –Deceased being self-employed a notional addition of 50% on account of future prospects is ordered.

(P&H HC) Decided on: 19.03.2014

As a rule of thumb, an addition of 50% of actual salary to the actual salary income of the deceased towards future prospects, where the deceased had a permanent job and was below 40 years [where the annual income is in the taxable range, the words ‘actual salary’ should be read as ‘actual salary less tax’] -- Addition should be only 30% if the age of the deceased was 40 to 50 years. -- There should be no addition, where the age of deceased is more than 50 years. -- Though the evidence may indicate a different percentage of increase, it is necessary to standardize the addition to avoid different yardsticks being applied or different methods of calculations being adopted.

(SC) Decided on: 15.04.2009