UTTARNACHAL TRANSPORT CORPORATION LTD. versus SMT. VIMLA DEVI AND ORS.

UTTARNACHAL TRANSPORT CORPORATION LTD. versus SMT. VIMLA DEVI AND ORS.

Considering the age of the deceased (43 years), the earlier multiplier of 15 (applied by the High Court) was excessive. An appropriate multiplier is 10, and a notional income of more than Rs. 15,000/- per annum was not justified without evidence. Thus, compensation is fixed at Rs. 2,40,000/- with interest at 6% from the date of claim.

Parties
Appellant: Uttarnachal Transport Corporation Ltd.; Respondents: Smt. Vimla Devi and Ors.
Jurisdiction
India
Judgment Date
16 February 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Motor Accident Claim
Outcome
Partly allowed
Legal Topics
Enhancement of Compensation, Determination of Multiplier, Fatal Accident, Loss of Dependency, Interest on Compensation
Motor Vehicles Law Tort Law Enhancement of Compensation Determination of Multiplier Fatal Accident Loss of Dependency Interest on Compensation

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Parties

Uttarnachal Transport Corporation Ltd.

Appellant

Smt. Vimla Devi and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Motor Accident Claim

Legal Issues

  1. 1 What is the appropriate multiplier for compensation for a fatal accident involving a deceased aged 43 years?
  2. 2 What should be the notional income assessed for the deceased in the absence of evidence?

Ratio Decidendi

Considering the age of the deceased (43 years), the earlier multiplier of 15 (applied by the High Court) was excessive. An appropriate multiplier is 10, and a notional income of more than Rs. 15,000/- per annum was not justified without evidence. Thus, compensation is fixed at Rs. 2,40,000/- with interest at 6% from the date of claim.

Court Disposition

Partly allowed

Orders

  • Multiplier fixed at 10 and compensation at Rs. 2,40,000/- with 6% interest from date of claim.
  • MACT to work out the entitlement accordingly.