Supreme Court of India
Leela Gupta & Ors. v. State of Uttar Pradesh & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the High Court was clearly in error in reducing by 1/3rd the compensation assessed after ascertainment of multiplicand capitalized on a particular multiplier since the very method of ascertainment of multiplicand takes into consideration many factors of imponderables and the contingencies of the future.
Judgment, page 15
From the headnote
Motor Vehicles Act, 1939 - s. 11 OA - Fatal accident - Claim petition - Award of compensation by tribunal - Enhanced by High Court using multiplier of 16 - High Court after reaching the compensation amount, deducting 1/3rd therefrom towards imponderability and uncertainty of life - On appeal, held: Ascertainment of multiplicand following guidelines in Susamma· Thomas* case by High Court, is correct - However, capitalization of multiplicand on a multiplier of 16 is on higher side - Therefore, multiplier reduced to 14 - Reduction of 1/3rd of the compensation amount towards imponderability and
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