1993 (1) TMI 315 - SC - Indian Laws

Summary

Issues Involved:
1. Enhancement of compensation by the High Court.
2. Principles for assessment of compensation.
3. Appropriate method for calculating compensation.
4. Determination of multiplicand and multiplier.
5. Interest rate on compensation.
6. Guidelines for safeguarding compensation for beneficiaries.

Issue-wise Detailed Analysis:

1. Enhancement of Compensation by the High Court:
The Kerala State Road Transport Corporation appealed against the High Court's decision to enhance the compensation from Rs. 58,760/- to Rs. 2,64,000/-. The High Court awarded Rs. 1,80,000/- for loss of dependency and Rs. 50,000/- for "Loss of future earnings in the United States of America," along with special damages for funeral expenses, treatment, etc., and interest at 12% per annum from the date of the petition.

2. Principles for Assessment of Compensation:
The Supreme Court emphasized that the principles for assessing compensation must ensure fairness and reasonableness. The amount awarded should be fair and reasonable by accepted legal standards, reflecting contemporary societal values. The court criticized the High Court's reliance on Pickett v. British Rail Engineering Ltd., stating it was misplaced and overruled in England.

3. Appropriate Method for Calculating Compensation:
The Supreme Court reiterated that the multiplier method is the logical and legally established method for calculating compensation in fatal accident cases. This method involves determining the loss of dependency (multiplicand) and capitalizing it with an appropriate multiplier. The court disapproved of methods aggregating entire future earnings, which could lead to unscientific and inconsistent awards.

4. Determination of Multiplicand and Multiplier:
The court explained the process of determining the multiplicand by deducting the deceased's personal living expenses from their gross income. The multiplier is chosen based on the age of the deceased or claimants and the rate of interest appropriate to a stable economy. In this case, the deceased's income was estimated at Rs. 2000/- per month, with one-third deducted for personal expenses, resulting in a loss of dependency of Rs. 17,000/- per year. The court applied a multiplier of 12, resulting in compensation of Rs. 2,04,000/-, plus Rs. 15,000/- each for loss of consortium and loss of estate, totaling Rs. 2,25,000/-.

5. Interest Rate on Compensation:
The court upheld the interest rate of 12% per annum from the date of the petition till payment, considering it fair in the circumstances of the case.

6. Guidelines for Safeguarding Compensation for Beneficiaries:
The court emphasized the need to protect the interests of minors, illiterate, semi-literate, and other vulnerable claimants from potential exploitation. It referred to guidelines from the Union Carbide Corporation case, recommending long-term fixed deposits for minors, illiterate, and semi-literate claimants, with conditions to prevent misuse. The court instructed the Tribunal to ensure appropriate measures for the safety of the compensation, including periodic withdrawal of interest for maintenance and up-keep.

Conclusion:
The appeal partially succeeded, and the compensation was determined at Rs. 2,25,000/-, modifying the High Court's judgment. The Tribunal was directed to invest the compensation in several deposits, ensuring periodic withdrawal of interest for the claimants' maintenance. The Tribunal was also instructed to make appropriate orders within two months from the deposit of the balance amount by the appellant.