Section 166 claims require the standardized multiplier, not the Second Schedule multiplier.

On 14 September 2004, Marukhusen Mohma Idris Ansari was fatally injured when a jeep collided with his scooter on the Ambaji–Khedbrahma Highway

His legal representatives filed a claim under Section 166 of the Motor Vehicles Act.

The Tribunal awarded Rs.16,92,700 with interest at 9% per annum

The Insurance Company appealed, challenging the multiplier of 15; the claimants cross-objected, seeking enhancement for future prospects and under conventional heads

Whether the Tribunal erred in applying a multiplier of 15 instead of 14, having regard to the deceased’s age

Whether the compensation should be enhanced by adding future prospects and revising the amounts awarded under conventional heads

In claims under Section 166 of the Motor Vehicles Act, the multiplier is to be selected by reference to the standardized table in Sarla Verma v. Delhi Transport Corporation, as reiterated in National Insurance Co. Ltd. v. Pranay Sethi; the multiplier in the Second Schedule, framed primarily for structured compensation under Section 163A, does not govern a Section 166 claim

Pranay Sethi also governs the addition for future prospects and compensation under conventional heads.

The deduction for personal and living expenses is determined according to the settled principles applicable to the number of dependants.

The Court accepted that the deceased was aged between 42 and 45, and the claimants’ counsel conceded that multiplier 14, rather than 15, was applicable

It left undisturbed the Tribunal’s assessment of monthly income at Rs.11,118 based on the deceased’s BSNL salary slip, but found that future prospects had not been included; given his age and permanent employment, it added 30%

The Court also revised conventional compensation, awarding consortium to the widow and each of the four children, and amounts for loss of estate and funeral expenses

It assessed total compensation at Rs.20,99,400, including future dependency loss of Rs.18,21,078

The Court awarded an enhanced Rs.4,06,700, with interest at 9% per annum from the date of the claim petition until realization, and directed the Insurance Company to deposit the enhanced amount with accrued interest within 12 weeks

The Tribunal was directed to disburse the amounts after verification and to deduct any unpaid court fees in accordance with law