RESHMA KUMARI AND ORS. versus MADAN MOHAN AND ANR.

RESHMA KUMARI AND ORS. versus MADAN MOHAN AND ANR.

In applications for compensation made under Section 166 of the Motor Vehicles Act, 1988 in death cases where the age of the deceased is 15 years or above, Claims Tribunals shall select the multiplier as indicated in Column (4) of the table prepared in Sarla Verma. No necessity exists to rely on the Second Schedule except where the age of the deceased is up to 15 years. Future prospects and personal expense deduction guidelines from Sarla Verma must be followed.

Parties
Appellant: Reshma Kumari and Ors.; Respondent: Madan Mohan and Anr.
Jurisdiction
India
Judgment Date
02 April 2013
Procedural Posture
Civil Appeal / Reference Answered by Larger Bench
Outcome
reference answered
Legal Topics
Compensation Computation, Multiplier Selection, Future Prospects, Personal and Living Expenses Deduction, Just Compensation
Motor Vehicles Tort Compensation Computation Multiplier Selection Future Prospects Personal and Living Expenses Deduction Just Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 26 Party arguments 2
Sign in to unlock

Parties

Reshma Kumari and Ors.

Appellant

Madan Mohan and Anr.

Respondent

Procedural Posture

Civil Appeal / Reference Answered by Larger Bench

Legal Issues

  1. 1 Whether the multiplier specified in the Second Schedule appended to the Motor Vehicles Act, 1988 should be scrupulously applied in all cases under section 166
  2. 2 Whether for determination of the multiplicand, the Motor Vehicles Act, 1988 provides for any criterion, particularly as regards determination of future prospect

Ratio Decidendi

In applications for compensation made under Section 166 of the Motor Vehicles Act, 1988 in death cases where the age of the deceased is 15 years or above, Claims Tribunals shall select the multiplier as indicated in Column (4) of the table prepared in Sarla Verma. No necessity exists to rely on the Second Schedule except where the age of the deceased is up to 15 years. Future prospects and personal expense deduction guidelines from Sarla Verma must be followed.

Court Disposition

reference answered

Orders

  • Claims Tribunals shall follow multiplier in Column (4) of Sarla Verma for section 166 claims where age is 15 or above.
  • Multiplier of 15 and Second Schedule assessment (corrected per Sarla Verma, Column 6) for claims where deceased is up to 15 years.