“Self-Employed Abroad? Your Future Prospects Still Count” – Supreme Court Boosts Compensation for US-Based Accident Victim’s Family

Supreme Court of India sent a powerful message on motor accident compensation. The Bench of Justice K. Vinod Chandran and Justice N.V. Anjaria ruled that “to have the perception that [a self-employed person’s] income is likely to remain static is contrary to the fundamental concept of human attitude”, and that self-employed persons under 40 – even if working abroad – are entitled to a 40% addition in their income towards future prospects under the Pranay Sethi principle.

A Tragedy with International Dimensions

Rajinder Singh Mihnas, a 31-year-old U.S. national running a transport business in America, died in a road accident at Karnal, Haryana, in August 2007. His widow, children, and parents claimed he was earning $9,600 per month. The Motor Accident Claims Tribunal slashed this to a mere ₹5,000 per month for want of “proof” of U.S. wages, granting only ₹7,80,000 as compensation.

The Punjab & Haryana High Court corrected this, relying on salary certificates, tax records with a U.S. social security number, and official U.S. wage data to peg his income at ₹78,300 per month. It enhanced the award to ₹1,17,20,200 but refused to add “future prospects” on the ground that he was self-employed.

Supreme Court Restores Justice with Future Prospects

Before the Supreme Court, the claimants argued that the Constitution Bench in National Insurance Co. Ltd. v. Pranay Sethi had settled the law — self-employed victims below 40 years get a 40% increase in income towards future prospects. The Bench agreed, observing that “not to apply the principle of standardisation… would be unfair and inequitable”, and stressing that human beings are dynamic, striving to improve their earnings over time.

Even while noting that “assessing the ‘future prospects’ of a person self-employed in a foreign country… would become difficult” because socio-economic conditions differ, the Court held that Pranay Sethi’s standardised approach applies unless evidence suggests otherwise.

Conventional Heads Updated, Compensation Soars

The Court revised the compensation under the standard heads — ₹15,000 for loss of estate, ₹15,000 for funeral expenses, and ₹40,000 per dependent for loss of consortium — and applied the 40% future prospects addition. This pushed the total compensation from ₹1,17,20,200 to a whopping ₹1,60,15,280.

The insurer was directed to pay the additional ₹42,95,080 with 6% interest within four weeks, to be disbursed to the claimants upon verification before the Tribunal.

By extending Pranay Sethi’s future prospects principle to a U.S.-based self-employed victim, the Supreme Court has set a precedent that families of Indians working abroad are entitled to realistic, forward-looking compensation. In the Court’s words, “to remain oblivious to the marrows of ground reality” would be unjust — whether the deceased worked in Karnal or California.

Date of Decision: August 8, 2025