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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Appropriate dependency allocation for claimants
- 2 Correct multiplier for compensation calculation
- 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.
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