Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - s. 166 - Compensation - Appropriate multiplier - Determination of - Fatal accident of person aged 45 years - Survived by wife and 5 children - Annual income assessed as Rs.60001- -Award of Rs. 90,0001 - applying multiplier of 15 - Enhancement of, to Rs.2,45,0001 - by High Court - On appeal, held: When there is lack of ~ material regarding income of deceased, there should be some amount of guesswork but not totally detached from reality - In the instant case, appropriate multiplier would be 11 and annual income is assessed as Rs. 18, 0001- - Making 113 deduction for personal expenses, Rs.1,32,0001- awarded as compensation with 6% interest from the date of application. Husband of respondent no. 1 and father of respondent no. 2 and 6 died in a motor accident due to rash and negligent driving of the driver. The age of the deceased was 45 years. His income was taken as Rs. F 10001- pm and Rs. 5001- was deducted as personal expenses. Rs. 6000/- was assessed as his annual income. --1' The multiplier of 15 was applied and Rs. 90,000/- was ~ awarded as compensation with 6% interest from the date of application. High Court enhanced the income assessed and awarded compensation of Rs. 2,45,0001- by applying the same multiplier of 15. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 95 |
Petitioner | U.p. State Road Transport Corporation |
Respondent | Shanti Devi And Ors. |
SCR | [2009] 1 S.C.R. 731 |
Judgement Date | 2009-02-03 |
Case Number | 597 |
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