RESHMA KUMARI AND OTHERS versus MADAN MOHAN AND ANOTHER

RESHMA KUMARI AND OTHERS versus MADAN MOHAN AND ANOTHER

Due to divergence of judicial opinion and lack of legislative clarification, the questions of strict application of the Second Schedule multiplier and methodologies for calculating multiplicand including future prospects require determination by a Larger Bench.

Parties
Appellants: Reshma Kumari and others; Respondents: Madan Mohan and another
Jurisdiction
India
Judgment Date
23 July 2009
Procedural Posture
Civil Appeal / Order Referring Matter to Larger Bench
Outcome
Matter referred to Larger Bench
Legal Topics
Compensation Assessment, Application of Multiplier, Future Prospects, Inflation Impact, Loss of Dependency
Motor Vehicle Accident Claims Tort Law Compensation Assessment Application of Multiplier Future Prospects Inflation Impact Loss of Dependency

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Parties

Reshma Kumari and others

Appellants

Madan Mohan and another

Respondents

Procedural Posture

Civil Appeal / Order Referring Matter to Larger Bench

Legal Issues

  1. 1 Whether the multiplier specified in the Second Schedule appended to the Motor Vehicles Act should be scrupulously applied in all cases
  2. 2 Whether the Act provides any criterion for determination of the multiplicand, particularly with regard to future prospects

Ratio Decidendi

Due to divergence of judicial opinion and lack of legislative clarification, the questions of strict application of the Second Schedule multiplier and methodologies for calculating multiplicand including future prospects require determination by a Larger Bench.

Court Disposition

Matter referred to Larger Bench

Orders

  • Registry directed to place the matter before the Hon’ble Chief Justice of India for constituting a Larger Bench