In Brief
A 42-year-old self-employed businessman died in a motor vehicle accident in 2013. The Motor Accidents Tribunal awarded Rs 30,26,810 in compensation, including a 30% enhancement for loss of future prospects. The insurance company challenged this in the High Court and Supreme Court, arguing the enhancement was excessive. The Supreme Court followed the Constitution Bench decision in National Insurance Company v. Pranay Sethi, which prescribes that self-employed persons aged 40-50 years should receive a 25% (not 30%) enhancement for future prospects. Recalculating compensation under this principle, the Court reduced the award to Rs 27,66,522, payable with 9% interest from claim date. The appeal was allowed, with protection for amounts already withdrawn by claimants.
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