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1997 Supreme(SC) 853

K.RAMASWAMY, K.S.PARIPOORNAN
Adikanda Sethi – Appellant
Versus
Palani Swami Saran Transports – Respondent


ORDER

1. Leave granted. We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment of the High Court of Orissa, made on 13-9-1993 in Miscellaneous Appeal No. 384 of 1990.

3. Ballav Kumar Sethi, a young man of 24 years was fatally knocked down by an oil tanker bearing Registration No. TCV 667. The applicant claimed a sum of Rs. 1 lakh towards the loss of the estate of the deceased and the support to the appellant as dependant of the deceased. The claim under Section 110-A of the Motor Vehicles Act, 1939 was laid on 30-4-1983. The Tribunal delivered the judgment awarding a sum of Rs. 1,00,000 to the appellant which was confirmed under appeal by the High Court enhancing the same by a further sum of Rs. 18,000.

4. The principle of determination of the compensation in the case of fatal accidents was determined by this Court in U.P. SRTC v. Trilok Chandra [(1996) 4 SCC 362]. This Court in para 18, after considering the tabulations, found that the maximum multiplier of purchaser was as under : (SCC p. 371).

"... What we propose to emphasise is that the multiplier cannot exceed 18 years purchase factor. This is the improvement over the earlier pos


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