Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compensation claim Appropriate multiplier Quantum |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - ss. 166 and 163A - Motor accident - Compensation claim - Quantum of compensation. Fixation of - Appropriate multiplier - In the present case, the original claim petition had been filed by the mother and brother of the deceased and the deceased was 33 years of age when he died in the accident - The deceased was looking after the entire family - Tribunal calculated compensation by considering a multiplier of 16 - High Court, however, held that the deceased's mother was the real legal representative and others could not claim to be the legal representatives of the deceased, and accordingly reduced compensation by applying a multiplier of 5 - Held: The High Court took a very technical view in the matter of applying the multiplier - The High Court could not have kept out of its consideration the claim of the daughter of the first claimant, since later the daughter was also impleaded in the claim petition - Reasoning of the High Court not correct in view of the ratio in Sarla Verma's case - Following the same, the High Court should have proceeded to compute the compensation on the age of the deceased - Judgement of the High Court set aside and the award of the Tribunal restored. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 131 |
Petitioner | P. S. Somanathan And Ors. |
Respondent | District Insurance Officer And Anr. |
SCR | [2011] 4 S.C.R. 367 |
Judgement Date | 2011-02-17 |
Case Number | 1891 |
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