CLX-RAJ-HC-2009-000208

Yadvendra Pratap Singh & Ors. Versus Shri Dhanraj Singh & Ors.

Rajasthan High Court · Rajasthan · 13 November 2009

Allowed

Core ratio / Key holding

For a non-earning person, the notional income of Rs. 15,000/- and a multiplier of 17 are to be applied for calculating compensation under the Motor Vehicles Act, where the deceased was 35 years old.

Headnote

Motor Vehicles Act, 1988 — Sections 168, 173 — Compensation — Non-earning person — Multiplier

Issues for determination

  • Whether the Tribunal erred in calculating compensation for a non-earning person under the Motor Vehicles Act by applying an incorrect multiplier?

Ratio decidendi

  • For a non-earning person, the notional income of Rs. 15,000/- and a multiplier of 17 are to be applied for calculating compensation under the Motor Vehicles Act, where the deceased was 35 years old.

Important points

  • Appeal allowed; claimants entitled to an additional compensation of Rs. 75,000/- with interest @ 6% per annum from 13.05.1998.

Keywords

Motor Vehicles ActCompensationNotional IncomeMultiplierNon-earning person

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