AI Overview...
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Multiplier in Injury Cases for Government Employees - The multiplier method is commonly used to determine compensation in injury and death cases involving government employees. The applicable multiplier varies based on age, income, and specific case circumstances. For example, in some cases, a multiplier of 12.46 was applied (source Kumba Amma VS K. S. E. B. - Kerala), while in others, a multiplier of 13 was used for motor accident claims involving government employees (source Kiran & Ors. VS Rajesh Kumar & Ors. - Punjab and Haryana). The Supreme Court and various courts generally follow the multiplier method as outlined in the Sarla Verma case, which provides a structured approach to selecting the multiplier based on age (source Reliance General Insurance Company Limited, Rep. by its Legal Manager VS S. Sunitha @ R. Sunitha - Andhra Pradesh, KAMLADEVI VS GOVERNMENT OF NCT OF DELHI - Delhi).
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Main Points & Insights:
- The multiplier typically ranges from 13 to 18 depending on the age and income of the deceased or injured employee.
- The Second Schedule of the Motor Vehicles Act, 1988, prescribes specific multipliers, but courts often adapt these based on case facts.
- For government employees, courts consider their age, income, and potential future prospects when applying the multiplier.
- The multiplier method involves multiplying the annual income (including future prospects) by the selected multiplier to compute compensation.
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In cases with higher income disparities, courts may adjust the multiplier accordingly (sources Kaneez Fatima VS State Of U. P. - Allahabad, Kaneez Fatima VS State of U. P. - Allahabad).
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Analysis and Conclusion:
- The applicable multiplier in injury or death cases involving government employees generally follows the principles established in the Sarla Verma judgment, with typical multipliers ranging from 13 to 18.
- The selection depends on the age of the deceased or injured employee, with younger individuals attracting higher multipliers.
- Courts also consider the income, including future prospects, and sometimes adjust the multiplier in cases of significant income disparity.
- Overall, the multiplier approach remains the standard method for calculating compensation in injury and death cases involving government employees in India.
References: - Taskinuddin VS State (NCT of Delhi) - Delhi, K. Sivaraman VS P. Sathishkumar - Supreme Court, Kumba Amma VS K. S. E. B. - Kerala, Sobhag Mal Jain VS State of Rajasthan - Rajasthan, Kaneez Fatima VS State Of U. P. - Allahabad, Dhirendra Chandra Das VS Anil Sarkar - Gauhati, Kiran & Ors. VS Rajesh Kumar & Ors. - Punjab and Haryana, Kaneez Fatima VS State of U. P. - Allahabad, KAMLADEVI VS GOVERNMENT OF NCT OF DELHI - Delhi, Reliance General Insurance Company Limited, Rep. by its Legal Manager VS S. Sunitha @ R. Sunitha - Andhra Pradesh
Search Results for "In Injurey Cases what is the Multiplier Aplied in the Case Govt Employees"
2013 0 Supreme(Del) 2301 • India - Delhi
VIPIN SANGHI
Employees' Compensation Act, 1923 - Section 4A r/w 8(i) - Article 21, 226 of Constitution of India, 1950 ... Injuries - Fire incident - Fire broke out in the factory - Near relatives of petitioner nos. 1 to 7 died, and petitioner no 8 was injured ... For instance, it may be used for arriving at the appropriate multiplier. ... 67. The court applied the principle that the petitioner would be eligible to receive a standard compensation for the fatal injury caused to the deceased. ... It is true that the #H....
2020 2 Supreme 198 • India - Supreme Court
D.Y.CHANDRACHUD, AJAY RASTOGI
Employees’ Compensation Act, 1923 – Sections 4(1)(a) and 4A – Death in course of employment – Enhanced compensation ... under the Employee‘s Compensation Act 19231 from Rs. 4,33,060 to Rs 8,86,120. ... accident and benefit of Act 45 of 2009 does not apply to accidents that took place prior to its coming into force – In present case ... The learned amicus curiae submitted that in terms of the provisions of Section 4(1)(a) of the 1923 Act, where death has resulted from injury, the compensation payable is an amount equal to....
1999 0 Supreme(Ker) 474 • India - Kerala
K.K.USHA, C.S.RAJAN, S.SANKARASUBBAN, A.R.LAKSHMANAN, P.K.BALASUBRAMANYAN
In this connection, we may refer to the provisions regarding commutation of pension in the case of Central Government employees. ... Large number of employees, retired employees and members of their family were invited for the function. About 60ofthem died and 113 injured. Petitioners, on their behalf, as also on behalf of those who affected, prayed for compensation and for other reliefs. ... Multiplier =12.46. ... Before we embark on a discussion on the various decisions relied on by ....
2005 0 Supreme(Raj) 2457 • India - Rajasthan
SHIV KUMAR SHARMA
who died due to negligence of doctors – Held – Appropriate multiplier in case of deceased of the age group between 30-35 years is ... Motor Vehicle Act, 1988, Schedule Second – Mutiplier – Medical Negligence – Quantum of compensation in the matter of deceased house-wives ... Chandrachud also considered the income of the husband of those housewives, who were employees of the company and then on that basis, has tried to determine the loss on the death of the wife and after applying multiplier determined t....
2022 0 Supreme(All) 1225 • India - Allahabad
SURYA PRAKASH KESARWANI, SAURABH SRIVASTAVA
(Paras 10, 36) ... ... Facts of the case: ... The petitioner’s husband died due to electrocution ... The Second Schedule while prescribing the multiplier, had maximum income of Rs 40,000 p.a. in mind, but it is considered to be a safe guide for applying the prescribed multiplier in cases of higher income also but in cases where the gap in income is so wide as in the present case income is 2,26,297 dollars ... The fact of cause of death of the petitioner's husband being electric curr....
2013 0 Supreme(Gau) 89 • India - Gauhati
S.C.DAS
Case under Sections 279/338 and 427 of IPC was registered on date of accident and investigation was taken up - Held, Apex Court has ... Motor Vehicles Act, 1988 - Section 173 – Accident – Death and severe injury – Compensation granted – Challenged ... on his right knee, right leg, right hand and other parts of body - Some other passengers also received injury and two of them died ... loss of earnings (by applying the standard multiplier method used to determine loss of dependency). ... The tribunal taking into account th....
2019 0 Supreme(P&H) 2879 • India - Punjab and Haryana
RITU BAHRI
Compensation - Motor Accident - Sections 279/337/304-A IPC - Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees ... Ratio Decidendi: The court applied the principles outlined in the Supreme Court's decision to exclude the amount received ... Rules, 2006 - [22, 23] Fact of the Case: The appeal sought enhancement of compensation awarded by the Motor Accident ... Accordingly, multiplier of 13 was applied. After applying the multiplier of 13, dependen....
2022 0 Supreme(All) 1504 • India - Allahabad
SURYA PRAKASH KESARWANI, SAURABH SRIVASTAVA
laws within the territory of India -Whether escalation for future prospect should be granted with regard to it – Held, Court in cases ... The Second Schedule while prescribing the multiplier, had maximum income of Rs 40,000 p.a. in mind, but it is considered to be a safe guide for applying the prescribed multiplier in cases of higher income also but in cases where the gap in income is so wide as in the present case income is 2,26,297 dollars ... The learned Single Judge of the High Cou....
2004 0 Supreme(Del) 744 • India - Delhi
BADAR DURREZ AHMED
–Rs.7200 to be calculated as value per unit – two units deducted on account of victim – victim aged 29 years at time of death – multiplier ... of 18 to be applied – conventional sum of Rs.97700 to added to such amount – ex gratia amount paid to dependants deducted from total ... by an appropriate multiplier. ... They are merely instances of particular awards in individual cases. The proper method of computation is the multiplier-method. ... " ... ( 7 ) IT is true that the cases which c....
2016 0 Supreme(AP) 414 • India - Andhra Pradesh
NOOTY RAMAMOHANA RAO, B.SIVA SANKARA RAO
later at 6% p.a. till date of realisation awarded by the Tribunal is concerned, though rate of interest to be awarded in a given case ... If the multiplier as indicated in Column (4) of the table read with paragraph 42 of the Report in Sarla Verma is followed, the wide variations in the selection of multiplier in the claims of compensation in fatal accident cases can be avoided. ... Rajbir Singh [(2013) ACJ 1403=(2013) 9 SCC 54](where Reshma Kumari was no doubt not referred)in sayingthe proposition of future prospects in....
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