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Supreme Court of India · 06/04/2018

BHARTIBEN NAYABHA KER AND ORS versus SIDABHA PETHABHA MANKE AND ORS

[2018] 3 S.C.R. 1052 · 2018 INSC 305

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Summary

The Supreme Court enhanced fatal-accident compensation to Rs. 12,67,000 by adding 25 per cent for future prospects for the deceased aged 41, deducting one-fourth for personal expenses and applying multiplier 14. It added Rs. 70,000 under conventional heads in accordance with Pranay Sethi. The Court retained the High Court’s nine per cent annual interest from the claim petition date. The accompanying corrigendum expressly confirms that the reduction from twelve to nine per cent was left undisturbed.

Issues

  1. Whether future prospects should be included in computing dependency.
  2. Whether the High Court’s nine per cent interest should be disturbed.

Held

Result

Appeal allowed; compensation enhanced to Rs. 12,67,000 with interest at nine per cent annually from the claim petition date. No order as to costs; interest position confirmed by corrigendum.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 1052.