Case Note & Summary
Motor Vehicles Act, 1988 – Section 166 – Compensation recalculated based on exchange rate at the time of claim filing and correct multiplier for deceased aged 43.
Headnote: Constitution of India, 1950 (COI) – Article 136 – Special Leave Petition allowed – Civil Procedure Code, 1908 (CPC) – Order 41 Rule 33 – Motor Vehicles Act, 1988 (MV Act) – Section 166
Held – Exchange rate at filing date applicable (Para 9) – Correct multiplier for age 43 is 14, regardless of foreign income (Para 10).
Nature of Litigation: Appeal against reduced compensation by the High Court for motor accident claim.
Appellants Sought Remedy: Enhanced compensation for the death of Lakshmi Nagalla in a road accident.
Reason for Filing: Dissatisfaction with the High Court's reduction in multiplier and exchange rate application.
Previously Decided: MACT awarded Rs.8,03,42,476/-; High Court reduced it to Rs.5,75,68,982/-.
Issues (Para 8): a) Entitlement to compensation based on exchange rate as on accident date or petition filing date. b) Justification of High Court in reducing multiplier from 14 to 10.
Submissions/Arguments: Appellant relied on Jiju Kuruvila v. Kunjujamma Mohan (2013) 9 SCC 166 for exchange rate at petition filing and National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 for correct multiplier.
Ratio:
Exchange rate to be fixed at Rs.57 as per Jiju Kuruvila (2013) 9 SCC 166.
Multiplier of 14 as per Pranay Sethi (2017) 16 SCC 680.
Issue of Consideration: SHYAM PRASAD NAGALLA & ORS. VERSUS THE ANDHRA PRADESH STATE BOARD TRANSPORT CORPORATION & ORS.
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