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| + | ====== Motor Accident Compensation: | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** Learn how Indian courts calculate motor accident compensation using the multiplier method, future prospects under Pranay Sethi and the 2025 split multiplier ruling. | ||
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| + | Motor accident compensation for death is calculated by taking the deceased' | ||
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| + | If you are short on time, jump to the worked example below. It walks through every step with real numbers, so you can roughly check whether a Tribunal award is fair. | ||
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| + | This method is not guesswork. The Supreme Court fixed it in **Sarla Verma v. DTC (2009) 6 SCC 121** and refined it in **National Insurance Co. v. Pranay Sethi (2017)**. On 6 November 2025, in **Preetha Krishnan v. United India Insurance, 2025 INSC 1293**, the Court again confirmed that Tribunals must follow one standard multiplier and cannot split it. | ||
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| + | ===== A worked example, step by step ===== | ||
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| + | Suppose a salaried man aged 38 dies in a road accident. He earned ₹30,000 per month, so his yearly income is ₹3, | ||
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| + | **Step 1: Add future prospects.** He had a permanent job and was below 40, so 50% is added. ₹3,60,000 + 50% = ₹5, | ||
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| + | **Step 2: Deduct personal living expenses.** With 2 to 3 dependants, one-third is deducted for what he would have spent on himself. ₹5,40,000 minus one-third = ₹3, | ||
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| + | **Step 3: Apply the multiplier.** At age 38 the multiplier is 15. ₹3,60,000 multiplied by 15 = ₹54, | ||
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| + | **Step 4: Add conventional heads.** On top of loss of dependency, fixed amounts are added for loss of estate, loss of consortium, and funeral expenses. Under Pranay Sethi the base figures are ₹15,000, ₹40,000 and ₹15,000, and these rise by 10% every three years from 2017. So the actual amounts in your case will be higher than the base figures. | ||
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| + | The bulk of the award here, about ₹54 lakh, comes from the dependency calculation. This is illustrative; | ||
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| + | ===== Future prospects: the exact slabs ===== | ||
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| + | Future prospects reflect that the deceased would likely have earned more over time. Pranay Sethi fixed two sets of percentages. | ||
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| + | For a deceased with a **permanent or salaried job**: | ||
| + | * Below 40 years: add 50% | ||
| + | * 40 to 50 years: add 30% | ||
| + | * 50 to 60 years: add 15% | ||
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| + | For a deceased who was **self-employed or on a fixed wage**: | ||
| + | * Below 40 years: add 40% | ||
| + | * 40 to 50 years: add 25% | ||
| + | * 50 to 60 years: add 10% | ||
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| + | The Court directed in conclusion (iii) that "An addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made." | ||
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| + | ===== The multiplier table by age ===== | ||
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| + | Sarla Verma fixed the multiplier by age band. These values are settled law and are reproduced below. | ||
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| + | ^ Age of deceased ^ Multiplier ^ | ||
| + | | 15 to 25 years | 18 | | ||
| + | | 26 to 30 years | 17 | | ||
| + | | 31 to 35 years | 16 | | ||
| + | | 36 to 40 years | 15 | | ||
| + | | 41 to 45 years | 14 | | ||
| + | | 46 to 50 years | 13 | | ||
| + | | 51 to 55 years | 11 | | ||
| + | | 56 to 60 years | 9 | | ||
| + | | 61 to 65 years | 7 | | ||
| + | | 66 to 70 years | 5 | | ||
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| + | The deduction for personal expenses also follows a fixed scale. For a married deceased it is one-third where there are 2 to 3 dependants, one-fourth where there are 4 to 6, and one-fifth where there are more than 6. For a bachelor, normally 50% is deducted. | ||
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| + | ===== The 2025 ruling: no split multiplier ===== | ||
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| + | A "split multiplier" | ||
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| + | The Supreme Court rejected this on 6 November 2025 in Preetha Krishnan v. United India Insurance, 2025 INSC 1293. The Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra held: "Split multiplier is a concept foreign to the Motor Vehicles Act, 1988 and is not to be used by the Tribunal and/or Courts in calculation of the compensation." | ||
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| + | The Court treated retirement as a normal part of working life, not a reason to reduce compensation. It observed: "It is only a natural progression that a person who enters service must also exit at some point in time. The same cannot be taken as a negative circumstance against the deceased person." | ||
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| + | The practical effect: a Tribunal must apply the single multiplier for the deceased' | ||
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| + | For the full filing procedure, see [[https:// | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== What is the multiplier method in motor accident cases? ==== | ||
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| + | It is the formula Indian courts use to value a death claim. You take the yearly income, add future prospects, deduct the deceased' | ||
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| + | ==== How is the multiplier chosen? ==== | ||
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| + | By the age of the deceased. The scale runs from 18 for ages 15 to 25, down by one unit every five years up to age 50, then down by two units every five years. So a 38-year-old gets multiplier 15 and a 52-year-old gets 11. The table above lists every band. | ||
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| + | ==== How much is deducted for personal expenses? ==== | ||
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| + | For a married deceased, one-third is deducted where there are 2 to 3 dependants, one-fourth for 4 to 6 dependants, and one-fifth for more than 6. For a bachelor, 50% is normally deducted. This share represents what the deceased would have spent on himself rather than the family. | ||
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| + | ==== What is the split multiplier and is it allowed? ==== | ||
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| + | A split multiplier uses one figure for working years and a lower one for post-retirement years, which shrinks the award. The Supreme Court banned it on 6 November 2025 in Preetha Krishnan v. United India Insurance, 2025 INSC 1293. Tribunals must now use one standard multiplier for the deceased' | ||
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| + | ==== Does retirement reduce my compensation? | ||
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| + | No. The 2025 ruling held that superannuation is a natural progression of life, not an exceptional circumstance. The Court said retirement " | ||
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| + | ==== Who can help me calculate or claim this? ==== | ||
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| + | You can approach the Motor Accident Claims Tribunal in your district. A lawyer can prepare the petition and compute compensation using these settled figures. The editorial guidance on this page reflects work reviewed by Dr. Shrawan Kumar Pathak and the RTI Wiki team. | ||
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| + | ===== Sources ===== | ||
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| + | * National Insurance Co. v. Pranay Sethi (2017), Supreme Court of India | ||
| + | * Sarla Verma v. DTC (2009) 6 SCC 121, Supreme Court of India | ||
| + | * Preetha Krishnan v. United India Insurance, 2025 INSC 1293, decided 6 November 2025 | ||
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| + | ===== Related guides ===== | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | **Related guide:** [[https:// | ||
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| + | ===== Related on RTI Wiki ===== | ||
| + | * [[https:// | ||
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| + | ---- | ||
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| + | **Recently published: | ||
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| + | ===== Related reading ===== | ||
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| + | * [[https:// | ||
| + | ===== Motor accident compensation multiplier method: How courts calculate the claim amount? ===== | ||
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| + | The multiplier method is the standard formula for calculating motor accident compensation in India. Here is the complete guide: | ||
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| + | - **Step 1: What is the multiplier method?** (a) the Supreme Court established the multiplier method in Sarla Verma v. Delhi Transport Corporation (2009), (b) the formula: Compensation = (Annual Income x Multiplier) + Loss of Estate + Funeral Expenses + Medical Expenses, (c) the multiplier is based on the age of the deceased (younger age = higher multiplier), | ||
| + | - **Step 2: The multiplier table.** (a) Age 15-20: multiplier 18, (b) Age 21-25: multiplier 18, (c) Age 26-30: multiplier 17, (d) Age 31-35: multiplier 16, (e) Age 36-40: multiplier 15, (f) Age 41-45: multiplier 14, (g) Age 46-50: multiplier 13, (h) Age 51-55: multiplier 11, (i) Age 56-60: multiplier 9, (j) Age 61-70: multiplier 7, (k) the multiplier is NOT negotiable — it is fixed by the Supreme Court. | ||
| + | - **Step 3: Income calculation.** (a) for salaried persons: the actual salary (basic + DA + allowances — but NOT provident fund, bonus, or employer' | ||
| + | - **Step 4: Deductions.** (a) 1/3rd of the income is deducted for personal living expenses (the deceased would have spent 1/3rd on themselves), | ||
| + | - **Step 5: Worked example.** (a) Deceased: 35-year-old, | ||
| + | - **Step 6: Additional factors.** (a) future prospects (inflation and career growth): the Supreme Court in National Insurance Co. v. Pranay Sethi (2017) added 40% for salaried persons (below 40 years) and 25% for self-employed, | ||
| + | - **Step 7: Where to claim.** (a) Motor Accident Claims Tribunal (MACT) — the primary forum (file within 6 months of the accident, though delay is condoned), (b) the MACT has jurisdiction where: (i) the accident occurred, (ii) the claimant resides, or (iii) the respondent resides, (c) the claim can be filed against: (i) the driver/ | ||
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| + | See [[https:// | ||
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| + | {{tag> | ||