Holding

The appropriate multiplier is 13, and the compensation should be calculated on a monthly family contribution of Rs.3,000, yielding Rs.4,68,000 plus 6% interest.

Summary

The deceased, Vijay Singh Dogra, aged 33, died in a road accident caused by a parked truck violating traffic rules. His dependents filed a claim under Section 173 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal dismissed the claim, attributing negligence to the deceased, but the High Court reversed the decision, awarding Rs.8,16,000 based on a monthly income of Rs.4,000 and a multiplier of 17. The insurer appealed, arguing that the multiplier was excessive and that the deceased's income was not proved. The Supreme Court held that, given the deceased's age and lack of evidence of actual income, the appropriate monthly contribution to the family is Rs.3,000, the correct multiplier is 13, resulting in compensation of Rs.4,68,000 with 6% interest from the date of claim, and allowed the appeal in part.

Issues considered

What multiplier should be applied under Section 173 of the Motor Vehicles Act, 1988 for a deceased aged 33?
How should the multiplicand (monthly contribution to family) be determined when the deceased's actual income is not proved?

Legislation cited

Motor Vehicles Act, 1988s. 173, s. 81

Subjects

Motor Vehicles ActCompensationMultiplier methodFatal accidentDependency lossInterest on compensationCalculation of damages

Judgment

THE NEW INDIAASSURANCE COMPANY LIMITED A
v.
SMT. KALPANA & OTHERS

JANUARY 17, 2007

[DR. ARIJIT PASAYAT AND S.H. KAPADIA, JJ.] B

Motor Vehicles Act, 1988:

s.173-Motor accident-Death of injured-Petition claiming
compensation-Multiplier to be applied-Interest-Held, there being no c
evidence showing income of deceased, monthly contribution to family after
deduction for personal expenses fixed at Rs.3,000-Deceased being 33
years of age multiplier of 13 applied-Compensation worked out
accordingly- Interest to be paid @ 6% from date of claim till actual
payment-Interest.
D
The vehicle of husband of respondent no. 1 dashed about 9.50 P.M.
/ with a truck which was parked on the road in violation of traffic rules; as
a result he got injuries and died in the Hospital. The deceased was about
33 years of age. His dependents filed a petition claiming compensation
under s.173 of the Motor Vehicles Act, 1988. The Motor Accident Claims E
Tribunal dismissed the claim petition holding that accident took place due
to negligence of the deceased. In appeal, the High Court held the insurer
liable to pay compensation, and taking the monthly income of the deceased
at Rs.4,000 and multiplier of 17, awarded an amount of Rs.8,16,000 as
compensation with 6% interest from the date of filing of the claim till the F
date of actual payment.
,?

In the appeal filed by the insurer it was contended that the High Court
erred in applying the multiplier of 17. It was also submitted that there was
no evidence to show the actual income of the deceased.
G
Allowing the appeal in part, the Court

HELD : 1.1. In a fatal accident action, the accepted measure of
-n
damages awarded to the dependants is the pecuniary loss suffered by them
as a result of the death. The multiplier method involves the ascertainment H
985
986 SUPREME COURT REPORTS [2007] 1 S.C.R.

A of the loss of dependency or the multiplicand having regard to the
circumstances of the case and capitalizing the multiplicand by an appropriate
multiplier. The choice of the multiplier is determined by the age of the
deceased (or that of the claimants whichever is higher) and by the calculation
as to what capital sum, if invested at a rate ofinterestappropriate to a stable
B economy, would yield the multiplicand by way of annual interest. In
ascertaining this, regard should also be had to the fact that ultimately the
capital sum should also be consumed-up over the period for which the
dependency is expected to last. [Paras 5 and 7] [988-F, 989-C-D]

Municipal Corporation of Delhi v. Subhagwanti, [1966] 3 SCR 649;
c and New India Assurance Co. Ltd v. Charlie and Another, [2005] 10 SCC
720, relied on.

G.M, Kera/a SRTC v. Susamma Thomas, .[1994] 2 SCC 176 and UP.
State Road Transport Corpn. v. Trilok Chandra, [1996) 4 SCC 362,
D referred to.

Davies, v. Powell Duffryn Associated Collieries Ltd, All ER p.665 A-
B; Nance v. British Columbia Electric Railway Co. Ltd., [1951] (2) All ER
448; and Mallett v. Mc Mangle, [1969] 2 All ER 178, referred to.
E Halsbury's Laws of England, Vol. 34, para 98, referred to.

1.2. In the instant case, considering the age of the deceased it would
be appropriate to fix the multiplier at 13. The MACT itself found that the
income was not established. At some point of time it was stated that the
F income of the deceased was Rs.6,000 per month. In the absence of any
definite material about the income, monthly contribution to the family, after
deduction for personal expenses, is fixed at Rs.3,000 per month i.e.
annually Rs. 36,000. Applying the multiplier of 13, the compensation
works out to Rs. 4,68,000. The same shall carry interest @ 6% p.a. from
G the date of claim till the date of actual payment, separate fixed deposits shall
be made for respondent no.1, respondents 2 and 3 represented by the
mother (respondent no.1), and the respondent no.4 as specified in the
judgment. [Paras 12 & 13) [992-B-F]

H CIVIL APPELLATE JURISDICTION: Civil Appeal No. 255 of2007.
THE NEW INDIA ASSURANCE CO. LTD. v. SMT. K.ALPANA [PASAYA""P, J.] 987

From the final Judgment and Order dated 25.8.2004 of the High Court A
of Uttaranchal at Nainital in A.O. No. 9512002.

Joy Basu, Mike Desai, Lal it Mohini Bhat and Madhurendra Kumar for
the Appellants.

Chandra Prakash Pandey for the Respondent. B

"' :(
The Judgment of the Court was delivered by

DR. ARIJIT PASAYAT, J.: Leave granted.
c
2. Challenge in this appeal is to the order passed by a Division Bench
of the Uttaranchal High Court holding that the respondents were entitled to
compensation ofRs.8,16,000 with interest@ 6% p.a. from the date of filing
of the claim petition till the date of actual payment. Before the High Court
the claimants had questioned the judgment passed by the Motor Accident
Claims Tribunal/Addi. District Judge, Haldwani, District Nainital (in short
D
..,
t 'MACT').

3. Factual scenario in a nutshell is as follows:

On 7.6.1999 at about 9.50 p.m. Vijay Singh Dogra (hereinafter referred E
to as the 'deceased') was coming from Nandpur to Haldwani on his vehicle
No. UP 01-3962. He was driving the said vehicle. When the vehicle reached
near the Block Office, Haldwani, it dashed with a Truck No.URN 9417 which
was parked on the road in violation of the traffic rules. In the accident the
deceased sustained grievous injuries and he was taken to the Base Hospital,
F
.? Haldwani from where he was referred to Bareilly for better treatment. But he
died on 9.6.1999. He was about 33 years of age at the time of accident.
Claimants i.e. respondents 1 to 4 filed claim petition claiming compensation

- under Section 173 of the Motor Vehicles Act, 1988 (in short the 'Act'). It
was indicated in the claim petition that the deceased was earning Rs.8,000
per month by driving a taxi and also had agricultural income. On that basis G
a sum of Rs.14,88,000 was claimed as compensation. The opposite party in
the claim petition i.e. the present appellant (hereinafter referred to as the
<; ~ 'Insurer') disputed the claim. The MACT on consideration of the evidence
brought on record dismissed the claim petition on the ground that the
accident took place on account of negligence of the deceased. An appeal H
988 SUPREME COURT REPORTS [2007] 1 S.C.R.
--!-.
A was filed before the High Court by the claimants. It was stated that the
vehicle was loaded with logs of Eucalyptus trees and these logs were
protruding outside the truck. There was no indicator on the truck to indicate
that the truck was parked so that any person coming from behind could be
cautious. It was, therefore, contended that there was negligence on the part
of the driver of the vehicle. With reference to Section 81 of the Act, it was
B indicated that the necessary care and caution was not taken. The High Court
found that the vehicle was the subject matter of insurance with the insurer. - ...
),
It was not a case where the vehicle was stationary. On the contrary it was
parked on a running condition without any indicator. The High Court,
therefore, held that the insurer is liable to pay compensation. So far as the
c income of the deceased is concerned, taking into account the fact that there
was no definite material to throw light on the actual income of the deceased,
it was taken at Rs.4,000 per month and multiplier of 17 was applied and
accordingly the compensation was fixed.

4. In support of the appeal, learned counsel for the appellant submitted
D
that the High Court has erroneously fixed compensation by applying
multiplier of 17. It was pointed out that the MACT itself noted that no "'y
evidence was led to show as to what was the actual income of the deceased.
In any event, the multiplier is high. Learned counsel for the respondents on
the other hand supported the order of the High Court.
E
5. Certain principles were highlighted by this Court in the case of
Municipal Corporation of Delhi v. Subhagwanti, [1966] 3 SCR 649 in the
matter of fixing the appropriate multiplier and computation of compensation.
In a fatal accident action, the accepted measure of damages awarded to the
F dependants is the pecuniary loss suffered by them as a result of the death.
"How much has the widow and family lost by the father's death?" The '-;..;
answer to this lies in the oft quoted passage from the opinion of Lord
Wright in Davies v. Powell Duffryn ,1ssociated Collieries Ltd., [All ER p.665
A-B] which says:
•
G "The starting point is the amount of wages which the deceased
was earning, the ascertainment of which to some extent may
depend on the regularity of his employment. Then there is an {'
~-
estimate of how much was required or expended for his own R

personal and living expenses. The balance will give a datum or
H basic figure which will generally be turned sum, however, has to be
THE NEW INDIA ASSURANCE CO. LTD. v. SMT. KALPANA [PASAYAT, J.] 989

taxed down by having due regard to uncertainties, for instance, that A
the widow might have again married and thus ceased to be
dependent, and other like matters of speculation and doubt."

6. There were two methods adopted to determine and for calculation
of compensation in fatal accident actions, the first the multiplier mentioned
in Davies case (supra) and the second in Nance v. British Columbia B
Electric Railway Co. Ltd., [1951] 2 All ER 448 .
)("

7. The multiplier method involves the ascertainment of the loss of
dependency or the multiplicand having regard to the circumstances of the
case and capitalizing the multiplicand by an appropriate multiplier. The C
choice of the multiplier is determined by the age of the deceased (or that
of the claimants whichever is higher) and by the calculation as to what
capital sum, if invested at a rate of interest appropriate to a stable economy,
would yield the multiplicand by way of annual interest. In ascertaining this,
regard should also be had to the fact that ultimately the capital sum should
also be consumed-up over the period for which the dependency is expected
D
to last.

8. The considerations generally relevant in the selection of multiplicand
and multiplier were adverted to by Lord Diplock in his speech in Mallett v.
Mc Mangle, (1969) 2 All ER 178 where the deceased was aged 25 and left E
behind his widow of about the same age and three minor children. On the
question of selection of multiplicand Lord Diplock observed:

"The starting point in any estimate of the amount of the
'dependency' is the annual value of the material benefits provided F
for the dependants out of the earnings of the deceased at the date
of his death. But....there are many factors which might have led to
variations up or down in the future. His earnings might have
increased and with them the amount provided by him for his
dependants. They might have diminished with a recession in trade
or he might have had spells of unemployment. As his children grew G
up and became independent the proportion of his earnings spent
on his dependants would have been likely to fall. But in considering
the effect to be given in the award of damages to possible
variations in the dependency there are two factors to be borne in

-
- '<
mind. The first is that the more remote in the future is the H
-r
990 SUPREME COURT REPORTS [2007] 1 S.C.R.

A anticipated change the less confidence there can be in the chances
of its occurring and the smailer the allowance to be made for it in
the assessment. The second is that as a matter of the arithmetic of
the calculation of present value, the later the change takes place the
less will be its effect upon the total award of damages. Thus at
interest rates of 4- 1/2% the present value of an annuity for 20 years
B of which the first ten years are at $ 100 per annum and the second
..,
ten years at $ 200 per annum, is about 12 years' purchase of the ...,
arithmetical average annuity of$ 150 per annum, whereas ifthe first
ten years are at $200 per annum and the second ten years at $ 100
per annum the present value is about 14 years' purchase of the
c arithmetical mean of $ 150 per annum. If therefore the chances of
variations in the 'dependency' are to be reflected in the multiplicand
of which the years' purchase is the multiplier, variations in the
dependency which are not expected to take place until after ten
years should have only a relatively small effect in increasing or
diminishing the 'dependency' used for the purpose of assessing
D
the damages."
\·
9. In regard to the choice of the multiplicand the Halsbury's Laws of
England in vol. 34, para 98 states the principle thus:

E "98. Assessment of damages under the Fatal Accident Act, 1976-
The courts have evolved a method for calculating the amount of
pecuniary benefit that dependants could reasonably expect to have
received from the deceased in the future. First the annual value to
the dependants of those benefits (the multiplicand) is assessed. In
F the ordinary case of the death of a wage-earner that figure is arrived
at by deducting from the wages the estimated amount of his own 'x
personal. and living expenses.

The assessment is split into two parts. The first part comprises .....
damages for the period between death and trial. The multiplicand
G is multiplied by the number of years which have elapsed b(l_tween
those two dates. Interest at one-half the short-term investment rate
is also awarded on that multiplicand. The second part is damages ..,....,, ..
for the period from the trial onwards. For that period, the number
of years which have based on the number of years that the
H expectancy would probably have lasted; central to that calculation
;.
"
·--/

THE NEW INDIA ASSURANCE CO. LTD. v. SMT. KALPANA [PASAYAT, J.] 991
-I
is the probable length of the deceased's working life at the date of A
·' death."

As to the multiplier, Halsbury states:

"However, the multiplier is a figure considerably less than the
number of years taken as the duration of the expectancy. Since the 13
dependants can invest their damages, the lump sum award in
)'.
respect of future loss must be discounted to reflect their receipt of
interest on invested funds, the intention being that the dependants
will each year draw interest and some capital (the interest element
decreasing and the capital drawings increasing with the passage of c
years), so that they are compensated each year for their annual
loss, and the fund will be exhausted at the age which the court
assesses to be the correct age, having regard to all contingencies.
The contingencies oflife such as illness, disability and unemployment
have to be taken into account. Actuarial evidence is admissible, but
the courts do not encourage such evidence. The calculation depends
D
~

"'/ on selecting an assumed rate of interest. In practice about 4 or 5
per cent is selected, and inflation is disregarded. It is assumed that
the return· on fixed interest bearing securities is so much higher
than 4 to 5 per cent that rough and ready allowance for inflation
is thereby made. The multiplier may be increased where the plaintiff E
is a high tax payer. The multiplicand is based on the rate of wages
at the date of trial. No interest is allowed on the total figure."

10. In both G.M., Kera/a SRTCv. Susamma Thomas, [1994] 2 SCC 176
and U.P. State Road Transport Corpn. v. Trilok Chandra, [1996] 4 SCC 362
,,,,,, F
the multiplier appears to have been adopted taking note of the prevalent
banking rate of interest.

11. In Susamma Thomas 's case (supra) it was noted that the normal rate
of interest was about 10% and accordingly the multiplier was worked out.
As the interest rate is on the decline, the multiplier has to consequentially G
be raised. Therefore, instead of 16 the multiplier of 18 as was adopted in
Trilok Chandra's case (supra) appears to be appropriate. In fact in Trilok
"i'' Chand's case (supra), after reference to Second Schedule to the Act, it was
noticed that the same suffers from many defects. It was pointed out that the
same is to serve as a guide, but cannot be said to be invariable ready H
SUPREME COURT REPORTS (2007] I S.C.R.

A reckoner. However, the appropriate highest multiplier was held to be 18. The
highest multiplier has to be for the age group of 21 years to 25 years when '
an ordinary Indian citizen starts independently earning and the lowest would
be. in respect of a person in the age group of 60 to 70, as the former is the
normal retirement age. (See: New India Assurance Co. Ltd. v. Charlie and
Another, [2005] 10 SCC 720.
B
12. Considering the age of the deceased it would be appropriate to fix
the multiplier at 13. The MACT itself found that the income was not
established. At some point of time it 1,vas stated that the income of the
deceased was Rs.6,000 per month. In the absence of any definite material
c about th~ income, monthly contribution to the family, after deduction for
personal expenses is fixed at Rs.3,000 per month i.e. annually Rs.36,000.
Applying the multiplier of 13, the compensation works out to Rs.4,68,000-.
The same shall carry interest @ 6% p.a. from the date of claim till the date
of actual payment. It is stated that a sum of rupees four lakhs has been
deposited pursuant to the order dated 4.4.2005. Balance shall be deposited
D
along with interest within two months from today. Out of the total amount,
80% shall be kept in fixed deposit in a nationalised bank initially for a period
of five years. But no withdrawal shall be permitted before the expiry of
period. However, monthly interest shall be paid to the claimants.

E 13. The minor respondents shall be represented by their mother.
Separate fixed deposits shall be made for respondent no. I, respondents 2
and 3 represented by the mother (respondent no.I) and the respondent no.4.
The percentage of fixed deposit shall be as follows:-

F Respondent No. I 200/o
Respondent Nos. 2 & 3 - 35% (each)
Respondent No.4 10%

The appeal is allowed to the aforesaid extent. There will be no order ..
as to costs.
G
R.P. Appeal allowed partly.