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Supreme Court of India 2017-11-22 partly_allowed

Hem Raj vs Oriental Insurance Co. Ltd. and Ors

Bench: 2 — Adarsh Kumar Goel

In Brief

This consolidated judgment addresses multiple appeals in motor accident compensation cases arising from National Insurance Company Limited v. Pranay Sethi, which establishes the standard percentage for future prospects additions to income. The Court held that 40% is the standard increase for deceased persons 40 years and above, and 50% for those below 40 years. However, when actual evidence on record demonstrates future prospects beyond the standard percentage, courts may award higher compensation. The Court modified various awards, reduced loss-of-income calculations, and required deductions for personal expenses and income tax, while preserving amounts already received by appellants from refund."

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Motor Vehicle Accident Claims Compensation Law Future Prospects Insurance Law Civil Procedure Damages Assessment

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