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2007 Supreme(SC) 1796
SUPREME COURT OF INDIA
B.P. SINGH AND H.S. BEDI, JJ.
M. Lakshmi and others - Appellants
Versus
E.V. Kumar and another - Respondents
Civil Appeal No. 443 of 2007 [Arising out of S.L.P. (C) No. 5694 of 2006].
Decided On : 2-2-2007
For the Appellants :- Mr. P.B. Suresh, Mr. Vipin Nair for M/s Temple Law firm.
Motor Vehicles Act, 1988, Section 166 - Compensation - Deceased - Aged 26 years - Multiplier of 18 would apply and not 17. [Para ]
The appropriate multiplier for calculating compensation in personal injury cases should be determined based on the age of the victim.
Headnote:
Multiplier - Compensation Calculation - The court modified the award by applying a higher multiplier to calculate the compensation payable to the appellants, based on the age of the victim who suffered in the accident.
Fact of the Case:
The courts below erred in applying a lower multiplier of 17 instead of 18 to calculate the compensation payable to the appellants for the accident suffered by a 26-year-old victim.
Finding of the Court:
The court found that the lower multiplier applied by the lower courts was incorrect and modified the award to apply a higher multiplier of 18 for calculating the compensation.
Issues: Error in applying the multiplier for compensation calculation.
Ratio Decidendi: The age of the victim and the appropriate multiplier to be applied for compensation calculation were the key factors influencing the court's decision.
Final Decision: The court allowed the appeal and directed the Motor Accident Claims Tribunal to pass consequential orders for the modified compensation within two months.
JUDGMENT :
B.P. Singh, J. - We have heard counsel for the parties.
2. Notice was issued to the respondents to which they did not respond. Again a fresh notice was issued pursuant to order of this court dated 4.8.2006 mentioning the fact that this court may dispose of the special leave petition finally if they do not appear to contest the matter. No one has appeared today for the respondents.
3. Leave granted.
4. We notice that the age of the victim who suffered in the accident was 26 years. The High Court and the courts below have erred in applying the multiplier of 17 in the present case. According to counsel for the appellants the multiplier of 18 ought to have been applied. We, accordingly, modify the award and direct that the compensation payable to the appellants shall be awarded after applying multiplier of 18 instead of 17. The Motor Accident Claims Tribunal, Chennai, shall pass consequential orders within a period of two months from today.
5. The appeal is allowed to the extent indicated above.
Appeal allowed.
