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Head Note

Motor Vehicles Act,1988  - Section 173 , Section 166

Deceased died in an accident - Tribunal held - Accident due to rash and negligent driving of truck - Tribunal considered - Quantum of compensation - Assessed income at Rs.50,000/- per annum - Deduction of Rs.1,500/- - Concluded dependency of - Claimants - Rs.2,600/- per month - Tribunal applied multiplier of 8 - Held - Claimants entitled compensation of Rs.2,59,000/- with interest 12% per annum - If not paid within two months - Interest 18% per annum - Appeal - Challenged award - Pleaded - Tribunal committed error - Applying multiplier of 8 - Multiplier of 17 have been applied - High Court - Not accept plea - Applied multiplier of 13 - Held - Appellants entitled compensation of Rs.4,20,600/- - Dissatisfied - Appeal Supreme Court - Deceased of 28 years - In terms of ratio in Sarla Verma's case - Amount of compensation - Applying multiplier 17 - Appellants entitle compensation Rs.5,30,400/- - Rs.15,000/- added under other permissible heads - As done by High Court - Total amount payable be Rs.5,45,400/- - Impugned judgment modified - Appellants entitled compensation of Rs.5,45,400/- after deducting - Amount already paid - Also pay interest 6% per annum - On enhanced amount Rs.1,24,800/- - Date of filing claim petition - Balance within a period of three months - Appeal allowed.

Topic(s)-Rash and negligent driving , Motor Accident Claim

Important Decision(s)- MAC - S. 173, 166 - At time of accident deceased was 28 years in terms of ratio of judgment in Sarla Verma's case amount of compensation payable is required to be determined by applying multiplier of 17.