" 40. In what we have discussed above, we sum up our conclusions as
follows:
(i) In the applications for compensation made under Section
166 of the 1988 Act in death cases where the age of the deceased is 15
years and above, the Claims Tribunals shall select the multiplier as
indicated in Column (4) of the table prepared in Sarla Verma17 read with
para 42 of that judgment.
(ii) In cases where the age of the deceased is upto 15 years,
irrespective of the Section 166 or Section 163A under which the claim
for compensation has been made, multiplier of 15 and the assessment as
indicated in the Second Schedule subject to correction as pointed out in
Column (6) of the table in Sarla Verma17 should be followed.
(iii) As a result of the above, while considering the claim
applications made under Section 166 in death cases where the age of the
deceased is above 15 years, there is no necessity for the Claims
Tribunals to seek guidance or for placing reliance on the Second
Schedule in the 1988 Act.
(iv) The Claims Tribunals shall follow the steps and guidelines
stated in para 19 of Sarla Verma17 for determination of compensation in
cases of death.
(v) While making addition to income for future prospects, the
Tribunals shall follow paragraph 24 of the Judgment in Sarla Verma17.
(vi) Insofar as deduction for personal and living expenses is
concerned, it is directed that the Tribunals shall ordinarily follow the
standards prescribed in paragraphs 30, 31 and 32 of the judgment in
Sarla Verma17 subject to the observations made by us in para 38 above.
(vii) The above propositions mutatis mutandis shall apply to all
pending matters where above aspects are under consideration.
41. The reference is answered accordingly. Civil appeals shall now
be posted for hearing and disposal before the regular Bench."
