Motor Vehicles Act, 1988 (59 of 1988), Section 166, 168 -- Compensation in motor vehicle accident case – Future prospects -- 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 -- In the absence of any governing principle available in the statutory regime, it was only in the form of an indication -- If a statutory instrument has devised a formula which affords better or greater benefit, such statutory instrument must be allowed to operate unless the statutory instrument is otherwise found to be invalid.
(SC) Decided on: 06.08.2021