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SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, AJAY RASTOGI, ANIRUDDHA BOSE, JJ.
VED PRAKASH GOEL @ VED GOEL & ANR. – Appellant(s)
VERSUS
S.D. SINGH & ANR. – Respondent(s)
CIVIL APPEAL NO.2831 of 2020 (Arising out of SLP (Civil) No.13992 of 2018)
Decided On : 29-07-2020
Contributory Negligence - Compensation - The court found that the deceased was 50% contributorily negligent due to coming on the wrong side of the single way, leading to a decision to not grant the entire compensation to the appellants.
Fact of the Case:
The deceased was found to be 50% contributorily negligent for coming on the wrong side of the single way, leading to a decision to not grant the entire compensation to the appellants.
Finding of the Court:
The court allowed the appeal in part, modifying the judgment on the multiplier applied and the interest granted, while sustaining all other findings.
Issues: Contributory negligence, application of multiplier, interest rate
Ratio Decidendi: The deceased's contributory negligence and the incorrect application of the multiplier and interest rate were the key factors influencing the court's decision.
Final Decision: The appeal was allowed in part, with the appellants not receiving the entire compensation, and the judgment was modified on the multiplier and interest rate.
ORDER
Leave granted.
2. We have heard learned counsel for the parties.
3. The manner in which incident occured shows that the deceased actually came on the wrong side of the single way as the other side of the way was closed. It is this, which has weighed in affixing 50% contributory negligence on the appellants.
3. In view of the aforesaid, we are not able to persuade ourselves to give the benefit of the entire compensation to the appellants.
4. We have examined the impugned judgment and all other perspective also and do not find any infirmity except two aspects:
(a) the multiplier applied was 13 while as per the judgment in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, it should have been 18. This position cannot be disputed by learned counsel for the respondent. (b) The interest granted is of 6% which generally the interest being granted is of 9% including in a recent judgment in the case of Erudhaya Priya v. State Express Transport Corporation Ltd., 2020 0 Supreme(SC) 456 : [Civil Appeal Nos. 2811-2812/2020) decided on 27th July, 2020.
5. The aforesaid are the only two aspects on which the impugned judgment is liable to be modified and all other findings are liable to be sustained.
6. The appeal is accordingly allowed in the aforesaid terms leaving the parties to bear their own costs.
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