Sethi & ANR Vs. Palani Swami Saran Transports & ANR  INSC 533 (8 May 1997)
RAMASWAMY, K.S. PARIPOORNAM.
O R D
E R Leave granted. We have heard learned counsel on both sides.
appeal by special leave arises from the Judgment of the High Court of Orissa,
made on 13.9.1993. in Miscellaneous Appeal No. 384/90.
Kumar Sethi, a young man of 24 years was fatally knocked down by oil Tanker
bearing registration No. TCV 667.
appellant claimed a sum of Rs.1 lakh towards the loss of the estate of the
deceased and the support to the appellant as dependent of the deceased. the
claim under section 110-A of the Motor Vehicle Act, 1939 was laid on April 30, 1983.
Tribunal delivered the judgment awarding a sum of Rs. 1,00,000/- to the
appellant which was confirmed under appeal by the High Court enhancing the same
by a further sum of Rs. 18,000\-.
principle of determination of the compensation in the case of fatal accident
was determined by this Court in U.P. State Road Transport Corporation &
Ors. vs. Trilok Chandra & ors. [(19960 4 SCC 362]. This court in Paragraph 18
, after considering the tabulations, found that the maximum multiplier of
purchaser was as under:
we propose to emphasise is that the multiplier cannot exceed 18 years' Purchase
factor. This is the improvement over the earlier position that ordinarily, it
should not exceed 16. We thought it necessary to state the correct legal
position as courts and tribunals are using higher multiplier as in the present
case where the Tribunal used the multiplier of 24 which the High Court raised
to 34, thereby showing lack of awareness of the background of the multiplier
system in Davies case." Thus, we have to conclude that the annual income
of the deceased is Rs.12,000/- p.a. and he would have spent Rs.7,500/- towards
family members and 1/3 for himself;
the annual income is taken at Rs.9,000/- per year and multiplier of 18 years
which is the maximum in the case of the young person dying in an accident, has
to be applied.
claimants would get Rs. 1.40 lakhs towards the compensation. Since the claim is
limited to Rs 1 lakh, the claimants are entitled to get Rs. 1 lakh, the
claimants are entitled to Rs.1 lakh, the claimants are entitled to get Rs.1 lakh
as compensation with interest at 6% p.a. from the date of the judgment of the
appeal is accordingly allowed. No. costs.