1. Motor accident claim — Death of a student — Dispute over the appropriate multiplier for calculating compensation. (Para 3 )
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1999 Supreme(SC) 479
SUPREME COURT OF INDIA
SUJATA V. MANOHAR AND R.P. SETHI, JJ.
Kaderkunju and another, Appellants
VERSUS
Maheswaran Pada Nair and others, Respondents.
Civil Appeal No. 2291 of 1999 (arising out of SLP (C) No. 4261 of 1998), D/- 12-4-1999.
Important Points
The court's decision was influenced by the application of a more reasonable multiplier of sixteen for calculating the compensation in a motor accident case involving the death of a young student.
Subject
Civil Law - Motor Accident Compensation
Headnote
Compensation - Motor Accident Claims Tribunal - Multiplier of Compensation
Fact of the Case:
The Motor Accident Claims Tribunal calculated the compensation using a multiplier of ten. The son of the appellants, a Mechanical Engineering student, died in an accident at the age of 17, and the parents were aged 47 and 45 years.
Finding of the Court:
The court found that applying a multiplier of sixteen would be more reasonable given the circumstances. It directed a total compensation of Rs. 2,22,000/- to be paid to the appellants with interest @ 12% p.a. from the date of the petition till payment.
Issues: Calculation of compensation using the multiplier, reasonable compensation for the death of a young student in a motor accident.
Ratio Decidendi: The court considered the age of the deceased and the parents in determining the appropriate multiplier for calculating the compensation.
Final Decision: The Civil appeal was disposed of accordingly, and the total compensation of Rs. 2,22,000/- was directed to be paid to the appellants with interest.
Legal Category Hierarchy
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tort
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motor vehicle accidents
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compensation
- multiplier (Para 3)
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compensation
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motor vehicle accidents
Table of Contents
2. Challenge to the multiplier applied by the Motor Accident Claims Tribunal for calculating compensation. (Para 3 )
3. The court found a multiplier of sixteen more reasonable than ten, considering the age of the deceased student and the parents. (Para 3 )
4. The multiplier for calculating compensation in motor accident claims should be determined based on the age of the deceased and the dependents. (Para 3 )
5. Appeal allowed — Multiplier increased to sixteen — Total compensation awarded with interest. (Para 3 , 4 )
6. How is the multiplier for compensation determined in motor accident claims?
The multiplier is determined by considering the age of the deceased and the age of the dependents to ensure the compensation amount is reasonable. (Para 3 )
JUDGMENT :- Delay condoned.
2. Leave granted.
3. The Motor Accident Claims Tribunal, Ernakulam had calculated the compensation by applying the multiplier of ten. In the present case, considering that the son of the appellants who was a Mechanical Engineering student died in the accident at the age of 17 and the parents are aged only 47 years (father) and 45 years (mother), applying the multiplier of sixteen would be more reasonable. Accordingly, we direct that a total compensation of Rs. 2,22,000/- be paid to the appellants together with interest @ 12% p.a. from the date of the petition till payment.
4. The Civil appeal is disposed of accordingly.
Order accordingly.
FOR CITATION AIR 2000 SC 3473(1)
