Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988: s.166 - Fatal accident - Compensation - Determination of 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 - Fatal accident - Compensation - Determination of - Victim-deceased aged 35 years - Tribunal determined dependency of claimants- appellants as RS. 31,000/- p.a. and applied the multiplier of 8 since the deceased died at the age of 35 and the age of superannuation in the Air Force was 45-50 years - High Court held that the assessment of monthly income based on the salary statement by the Tribunal as RS.4030/- was correct, however, the finding of the Tribunal leading to deduction of one-third amount towards personal expenses was erroneous and deducted only one-fourth of the oompensation towards personal expenses and applied multiplier of 10 - Also awarded RS. 2,500/- towards funeral expenses and 5,000 towards loss of consortium for the widow of the deceased - Claimant filed SLP - In view of divergence of view in several decisions of Supreme Court, matter was placed before a larger Bench which answered the points of reference in favour of the appellants, in the decision reported in *Reshma Kumari - Held: In view of the decision in *Reshma Kumari, the appellants were held entitled to future prospects of income - Taking monthly salary as RS. 4030/-, amount towards future prospects determined at 50% with monthly income of RS. 4030/- came to 2015/-, making the total monthly income of 6045/- - Out of RS. 6045/-, one fourth i.e. 1511/- deducted towards personal expenses of the deceased, as per the decision in **Sarla Verma case, as the deceased had five dependents - The resultant figure came to RS. 4534/- p.m.which after multiplying by 12 came to RS. 54,408/- as annual A income - Applying multiplier of 16, the amount under head of loss of dependency came to RS. 70,528/- - Further, RS. 25,000/- awarded towards funeral expenses, 1,00,000/- awarded towards loss of love and affection of the children and the parents, and further, RS. 1,00,000/- awarded towards loss of consortium by the widow of the deceased - Also, a sum of RS. 25,000/- awarded for the cost of litigation - Therefore, the total amount came to RS. 11,20,528/- - Appellants having already received RS. 5,05,519/- are entitled to the remaining amount, i.e. RS. 6, 15, 009/ - - This amount shall bear interest at the rate of 9% per annum from the date of application till the date of payment. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 328 |
Petitioner | Anjani Singh & Ors. |
Respondent | Salauddin & Ors. |
SCR | [2014] 5 S.C.R. 846 |
Judgement Date | 2014-04-25 |
Case Number | 4647 |
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