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2007 Supreme(Raj) 1295

R.C.GANDHI
Puspha Devi (Smt. ) – Appellant
Versus
Ompal – Respondent


Advocates Appeared
K.N. Tewari, for Appellants;
C.P. Sharma, J.S. Yadav and S.L. Songara, for Respondents

Judgment

Hon'ble GANDHI, J.—The deceased, in this appeal, is the victim of a road accident. The claim Petition preferred by the claimants was contested by the other side. The impugned award has been passed by the Tribunal relying upon the evidence led by the parties and challenged by the appellants on the sole ground that the proper multiplier, according to the Second Schedule appended to the Motor Vehicles Act, 1988 (hereinafter "the Act of 1988"), has not been made applicable for determining just compensation.

2. Heard learned Counsel for the parties and perused the record.

3. There is not much to be dilated upon by the Court as the controversy is specific with regard to the application of multiplier. Section 163 (A), by Act 54 of 1994, was inserted in the Motor Vehicles Act introducing Second Schedule which provides a formula/table to determine compensation by specific multiplier. The Supreme Court has approved the multiplier as a structured formula for determining just compensation vide its judgment delivered in case titled General Manager, Kerala State Road Transport Corporation vs. Susama Thomas and Others, 1994, A.C.J. 1 : 1994(1) T.A.C. 323 (S.C.). To determine just compensati












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