In a recent legal case, the High Court conducted a comprehensive analysis of the compensation awarded in a fatal accident case. The court’s in-depth examination of various aspects, such as the multiplier applied, additional awards for specific losses, and interest rates, sheds light on the legal considerations involved in such matters. This blog delves into the court’s reasoning and decision-making process, highlighting the importance of a thorough legal analysis in determining fair compensation in fatal accident cases.
Facts
- Annual income of the deceased was Rs.3,750/- x Rs.45,000/-
- Multiplier of ‘9’ was applied considering the age of the deceased as 60 years
- Compensation of Rs.5,000/- was awarded for last rites and transportation charges
- Compensation of Rs.5,000/- was awarded for loss of estate
- Compensation of Rs.5,000/- was awarded for loss of consortium
- The High Court correctly awarded compensation and the order does not require interference
- The multiplier was changed based on scientific evidence revealing the deceased’s age as 50 instead of 60
- The High Court increased compensation to Rs. 6,55,000 with 7.5% interest rate
- Increased compensation was granted due to the multiplier being thirteen instead of nine and for not granting any amount towards future prospects
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Decision
- The appeal is dismissed
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Case Title: ROOPWATI Vs. RAM KISHAN (2022 INSC 1089)
Case Number: C.A. No.-006818-006818 / 2022
