Omitted consortium and affection awards outweighed the excess future-prospects addition, so compensation was not reduced.

On 11 November 2016, Rajendran, a mason, died after a collision between his two-wheeler and the insured vehicle.

His dependants sought compensation before the Motor Accident Claims Tribunal.

The Tribunal awarded ₹10,13,000 in the death claim, including 10% towards future prospects.

The insurer appealed, contending that this addition was impermissible because Rajendran was 65 years old

Whether the Tribunal erred in adding 10% towards future prospects when assessing compensation for the deceased, who was 65 years old

Whether the insurer’s challenge warranted reduction of the compensation, considering the Tribunal had not awarded certain conventional heads claimed by the dependants

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Motor Accident Claims Tribunal.

The Court considered the principles in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 6 SCC 680, concerning the assessment of future prospects and conventional heads of compensation

The judgment does not set out a more detailed formulation of those principles.

The Court accepted that the Tribunal had added 10% towards future prospects without properly applying Pranay Sethi, given the deceased’s age of 65

However, it also found that the Tribunal had not awarded ₹40,000 each towards loss of love and affection to the claimants and ₹40,000 towards consortium to the deceased’s wife

In view of those omissions, the Court concluded that the insurer’s objection did not justify reducing the award; applying the relevant principles could instead warrant a higher amount

It directed the insurer to deposit the award amount, if not already deposited, within six weeks of receiving the order; the claimants may withdraw their apportioned shares, subject to payment of any necessary court fee.

No costs were awarded, and the connected miscellaneous petition was closed