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Civil · Reportable judgment

Sube Singh and Anr. vs Shyam Singh (Dead) and Ors.

Court
Supreme Court of India
Date
9 February 2018
Case No.
Civil Appeal No. 7176 of 2015
Result
Allowed
Bench
Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar
Citation
[2018] 1 S.C.R. 636 : 2018 INSC 126
Supreme Court Reports [2018] 1 S.C.R. 636 : 2018 INSC 126
Headnote

Motor Vehicles Act, 1988: s.166 – Multiplier – Fatal accident – Victim aged 23 years – High Court applied multiplier of 14 for determining compensation amount in reference to the age of parents of the deceased – Parents of the deceased seeking multiplier of 18 – Held: In Sarla Verma case, it was held that the multiplier should be chosen from the table with reference to the age of the deceased and not the age of the dependents – In view of the said decision, multiplier of 18 to be applied for paying compensation to the appellants-parents.

Allowing the appeal, the Court

HELD: The respondents are directed to pay compensation by applying 18 multiplier, instead of 14 applied by the High Court. Considering the amount of annual contribution to the deceased’s family determined at Rs.37,800/- and applying multiplier 18, the compensation would work out to Rs.6,80,400/- determined by the High Court. [Para 5] [639-F-G]

Sarla Verma (Smt.) and Others v. Delhi Transport Corporation And Anr. (2009) 6 SCC 121 : [2009] 5 SCR 1098; Munna Lal Jain and Anr. v. Vipin Kumar Sharma and Ors. (2015) 6 SCC 347 : [2015] 7 SCR

207 – relied on.

Ashvinbhai Jayantilal Modi v. Ramkaran Ramchandra Sharma and Anr. (2015) 2 SCC 180 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by A. M. KHANWILKAR, J. 1. The sole question to be answered in this appeal is: whether the High Court was right in applying multiplier 14 for determining compensation amount in a motor accident claim case in reference to the age of parents of the deceased whilst relying on the decision of this Court in Ashvinbhai Jayantilal Modi Vs. Ramkaran Ramchandra Sharma and Anr.1? 2. Briefly stated, in a motor accident which occurred on 22.09.2009, Ajit Singh, who was at the relevant time 23 years of age died. His parents, who were in the age group of 40 to 45 y
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