Page 348 - Motor Insurance Ebook IC 72
P. 348

The Insurance Times

Q.3.  Elaborate the procedure of computing the
Ans.  compensation to road victims?
      Over the years the judgments have calculated
      compensation on the basis of present income to arrive
      at loss of future income. In the case of Susamma
      Thomas the concept of future prospects were taken
      into account to arrive at future loss of income.

      Here the present was increased by 100% to calculate
      future loss of income however the percentile to be
      adopted for future prospects have been inconsistently
      applied in subsequent judgments. This issue was
      revisited by the supermen court and some uniformity
      and consistency cannot be applied for the future. This
      landmark case is related to Sarla Verma Vs. Delhi
      Transport Corporation in April 2009.

      The multiplicand to be applied to calculate future prospects
      would depend on the age of deceased thus an age below
      40 would result in 50% loading of present income, age 40
      to 50 a 30% loading and over 50 no loading.

      AGE GROUP      FUTURE INCOME
      Below 40       Income + 50 % of income
      40 to 50       Income + 30% of income
      Over 50        Income

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