Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988 :s. 173 - Fatal accident - Deceased was a 43 year old hawker - Claimant not satisfied with compensation awarded by Tribunal - Filed appeal seeking enhancement of compensation - High Court took the notional income of deceased at Rs.36,0001- p.a and adopting a multiplier of 15 awarded Rs. 3. 6 lacs as compensation with interest@ 9% p.a. from the date of the claim - Held: Considering the age of the deceased, the multiplier adopted by High Court was on the higher side - On facts, multiplier of 10 is appropriate - Also, no basis was indicated by the High Court for its presumptuous conclusion that the deceased earned Rs. 36, 0001- p. a - Taking an overall view of the matter including the type of business of the deceased, compensation fixed at Rs.2 laks payable with interest @ 6% from the date of claim. Pursuant to death of a 43 year old hawker in an accident, a claim petition was filed under the Motor Vehicles Act, 1988. The Claims Tribunal awarded compensation of Rs.1.65 lacs along with interest @ 9% p.a. from the date of the claim. The claimants filed appeal seeking higher compensation. The High Court took the notional income of the deceased at Rs.36,0001- p.a and adopting a multiplier of 15 enhanced the compensation to Rs.3.6 lacs with interest @ 9% p.a. from the date of the claim. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 196 |
Petitioner | Uttaranchal Transport Corporation Ltd. |
Respondent | Smt. Vimla Devi And Ors. |
SCR | [2009] 2 S.C.R. 512 |
Judgement Date | 2009-02-16 |
Case Number | 1068 |
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