UP STATE ROAD TRANSPORT CORPORATION versus KRISHNA BALA AND ORS.

UP STATE ROAD TRANSPORT CORPORATION versus KRISHNA BALA AND ORS.

The appropriate multiplier for a deceased aged 36 years is 13, not 22 as adopted by Tribunal and High Court; compensation calculated on this basis; interest rate reduced from 12% to 9% per annum from date of claim petition.

Parties
Appellant: U.P. State Road Transport Corporation; Respondents: Krishna Bala and Ors.
Jurisdiction
India
Judgment Date
13 July 2006
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Order
Outcome
Appeal partly allowed
Legal Topics
Multiplier Determination, Interest on Compensation, Loss of Dependency
Tort Law Motor Accident Compensation Multiplier Determination Interest on Compensation Loss of Dependency

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Parties

U.P. State Road Transport Corporation

Appellant

Krishna Bala and Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether the Tribunal was correct in adopting a multiplier of 22 for the deceased aged 36 years
  2. 2 Whether the interest rate of 12% from the date of application was appropriate

Ratio Decidendi

The appropriate multiplier for a deceased aged 36 years is 13, not 22 as adopted by Tribunal and High Court; compensation calculated on this basis; interest rate reduced from 12% to 9% per annum from date of claim petition.

Court Disposition

Appeal partly allowed

Orders

  • Compensation to claimants fixed at Rs.3,37,000/-
  • Interest rate to be 9% per annum from date of filing claim petition