Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – s. 166 – Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989 – r.3(1) – Appellant was travelling in a bus owned by the respondent-State Corporation – The Bus collided with a stationary lorry, which resulted in multiple injuries to numerous passengers including the appellant – The injuries to the appellant were grievous – She suffered a disability of 31.1% of the whole body – The appellant filed a claim petition u/s. 166 of MV Act r/w. 3(1) of the Rules, 1989 before the Motor Accident Claims Tribunal – The MACT found that accident occurred due to rash and negligent driving of the bus driver – The MACT applied a multiplier of 17 to calculate the loss of earning power – The total quantification of the compensation by the MACT was of Rs.35,24,288/- along with interest @ 7.5% p.a. payable by the respondent State Corporation – The High Court reduced the compensation to Rs.25,00,000/- primarily on the ground that the multiplier method for quantifying loss of earning power was wrongly applied – Before the Supreme Court, the appellant claimed enhanced compensation of Rs. 41, 69,831/- under various heads along with claiming a revised interest rate @12% p.a. – Held: It is settled that in the age group of 15-25 years, the multiplier has to be ‘18’ along with factoring in the extent of disability and same will apply in the instant case as the age of the appellant was 23 years – Further, while applying the multiplier method, future prospects on advancement in life and career are also to be taken into consideration – The quantification of the same on the basis of the judgment in National Insurance Co. Ltd. Case, considering the age of the appellant, would be 50% of the actual salary in the present case – The appellant had watered down the interest rate during the course of hearing to 9% in view of the judicial pronouncements – Thus, the appellant would be entitled to the compensation of Rs. 41,69,831/- as claimed along with simple interest at the rate of 9% p.a. from the date of application till the date of payment. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 466 |
Petitioner | Erudhaya Priya |
Respondent | State Express Transport Corporation Ltd. |
SCR | [2020] 5 S.C.R. 299 |
Judgement Date | 2020-07-27 |
Case Number | 2811 |
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