A.P.S.R.T.C. REP. BY ITS CHIEF LAW OFFICER versus M. PENTAIAH CHARY

A.P.S.R.T.C. REP. BY ITS CHIEF LAW OFFICER versus M. PENTAIAH CHARY

The minimum compensation payable in a permanent disability case must consider the suffering and disability undergone by the victim. The multiplier specified in Second Schedule may be altered for strong reasons, but no merit was found in interfering with the High Court's use of multiplier 15. This is not a fit case for discretionary intervention under Article 136 of the Constitution.

Parties
Appellant: A.P.S.R.T.C. Rep. by its Chief Law Officer; Respondent: M. Pentaiah Chary
Jurisdiction
India
Judgment Date
30 August 2007
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Permanent Disability, Compensation Assessment, Multiplier Calculation
Motor Vehicle Law Personal Injury Tort Permanent Disability Compensation Assessment Multiplier Calculation

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Parties

A.P.S.R.T.C. Rep. by its Chief Law Officer

Appellant

M. Pentaiah Chary

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court was correct in applying a multiplier of 15 for compensation determination under the Motor Vehicles Act
  2. 2 Appropriate factors and method for compensation calculation for permanent disability under Section 166 of Motor Vehicles Act

Ratio Decidendi

The minimum compensation payable in a permanent disability case must consider the suffering and disability undergone by the victim. The multiplier specified in Second Schedule may be altered for strong reasons, but no merit was found in interfering with the High Court's use of multiplier 15. This is not a fit case for discretionary intervention under Article 136 of the Constitution.

Court Disposition

Appeal dismissed

Orders

  • Appellant to bear costs of respondents.
  • Counsel's fee assessed at Rs. 25,000/-