PREETHA KRISHNAN & ORS. versus THE UNITED INDIA INSURANCE CO. LTD. & ORS.
A split multiplier is not to be adopted as a matter of course and is a concept foreign to the Motor Vehicles Act, 1988; compensation must be calculated on the basis of the income as on the date of death and split multiplier can only be used in exceptional circumstances with such circumstances recorded; ordinary superannuation/retirement does not constitute such an exceptional circumstance, and Pranay Sethi directives (including enhancement under conventional heads) must be followed; accordingly the Tribunal award is modified to reflect these principles and the compensation is enhanced to Rs.47,76,794.
- Parties
- Appellants: Preetha Krishnan & Ors.; Respondents: The United India Insurance Co. Ltd. & Ors.
- Jurisdiction
- India
- Judgment Date
- 06 November 2025
- Procedural Posture
- Special Leave Petition (civil) / Judgment by Supreme Court on Appeal From High Court Orders Dated 28.06.2024 and 27.11.2024
- Outcome
- Civil appeals allowed
- Legal Topics
- Split Multiplier, Calculation of Compensation, Future Prospects, Multiplier Application, Superannuation and Retirement
Case Brief
Summary, issues, holding and outcome
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Parties
Preetha Krishnan & Ors.
Appellants
The United India Insurance Co. Ltd. & Ors.
Respondents
Procedural Posture
Special Leave Petition (civil) / Judgment by Supreme Court on Appeal From High Court Orders Dated 28.06.2024 and 27.11.2024
Legal Issues
- 1 Whether a split multiplier can be applied in assessing compensation under the Motor Vehicles Act, 1988
- 2 Whether income as on date of death or a post-retirement reduced income should be used for calculation of compensation
- 3 Whether superannuation from service qualifies as an exceptional circumstance justifying split multiplier
Ratio Decidendi
A split multiplier is not to be adopted as a matter of course and is a concept foreign to the Motor Vehicles Act, 1988; compensation must be calculated on the basis of the income as on the date of death and split multiplier can only be used in exceptional circumstances with such circumstances recorded; ordinary superannuation/retirement does not constitute such an exceptional circumstance, and Pranay Sethi directives (including enhancement under conventional heads) must be followed; accordingly the Tribunal award is modified to reflect these principles and the compensation is enhanced to Rs.47,76,794.
Court Disposition
Civil appeals allowed
Orders
- Impugned award dated 2 April 2014 and High Court modification are modified to the extent indicated and the compensation payable to the claimant-appellants is enhanced to Rs.47,76,794
- Interest on the amount to be paid as awarded by the Tribunal
Full Case Text
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