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Computation of 'future income' in MACT cases described

Raj Kumar Makkad ,
  26 July 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Enhancement of Compensation - Computation thereof based on principle relating to 'addition to income' towards future prospects - Applicability of suitable Multiplier.
Citation :
Shyamwati Sharma and Ors. v. Karam Singh and Ors. (decided on 13.07.2010) MANU/SC/0468/2010

As held in Sarla Verma v. Delhi Transport Corporation MANU/SC/0606/2009 has stated the principles relating to 'addition to income' towards future prospects. The Apex Court has held that wherever the deceased was below 40 years of age and had a permanent job, the actual salary (less tax) should be increased by 50% towards future prospects, to arrive at the monthly income. It also held that where the number of dependants of a deceased is in the range of 4 to 6, the deduction towards personal and living expenses of the deceased should be 25%. It further held that in regard to persons aged 36 to 40 years, the appropriate multiplier should be 15. Accordingly, while ascertaining the income of the deceased, any deductions shown in the salary certificate as deductions towards GPF, life insurance premium, repayments of loans etc., should not be excluded from the income. The deduction towards income tax/surcharge alone should be considered to arrive at the net income of the deceased.

 

 
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Published in Civil Law
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