PREETHA KRISHNAN & ORS. versus THE UNITED INDIA INSURANCE CO. LTD. & ORS.

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

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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

  1. 1 Whether a split multiplier can be applied in assessing compensation under the Motor Vehicles Act, 1988
  2. 2 Whether income as on date of death or a post-retirement reduced income should be used for calculation of compensation
  3. 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