SMT. PRERNA AND ANR. versus M.P. STATE ROAD TRANSPORT CORPORATION AND OTHERS

SMT. PRERNA AND ANR. versus M.P. STATE ROAD TRANSPORT CORPORATION AND OTHERS

The Tribunal erred by fixing dependency based on unsupported allegations of alcoholism and applying a low multiplier. Compensation should be based on actual monthly support (Rs. 300), a higher multiplier (24 years), include loss of consortium, and interest at 12%.

Parties
Appellant: Smt. Prerna; Appellant: Shweta; Respondent: Narayan; Respondent: M.P. State Road Transport Corporation
Jurisdiction
India
Judgment Date
28 January 1993
Procedural Posture
Civil Appeal / Appeal From Madhya Pradesh High Court Decision
Outcome
appeal allowed
Legal Topics
Compensation for Accident, Dependency Calculation, Multiplier, Interest Rate, Loss of Consortium

Case Brief

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Parties

Smt. Prerna

Appellant

Shweta

Appellant

Narayan

Respondent

M.P. State Road Transport Corporation

Respondent

Procedural Posture

Civil Appeal / Appeal From Madhya Pradesh High Court Decision

  1. 1 Appropriate dependency allocation for claimants
  2. 2 Correct multiplier for compensation calculation
  3. 3 Entitlement to compensation for loss of consortium

Ratio Decidendi

The Tribunal erred by fixing dependency based on unsupported allegations of alcoholism and applying a low multiplier. Compensation should be based on actual monthly support (Rs. 300), a higher multiplier (24 years), include loss of consortium, and interest at 12%.

Court Disposition

appeal allowed

Orders

  • Compensation enhanced to Rs. 86,000, apportioned as Rs. 40,000 to minor daughter Shweta, Rs. 30,000 to widow Prerna, and Rs. 16,000 to father Narayan.
  • Interest at 12% from date of application before tribunal.