Case Note & Summary
The case involved an appeal by Uttaranchal Transport Corporation Ltd. concerning the calculation of compensation awarded to Smt. Vimla Devi and others. The Supreme Court reviewed the judgment dated 16/2/2009, specifically addressing the parameters for determining compensation. The court found it appropriate to modify the previous order by fixing the multiplier at 10 and the interest rate at 6% per annum. This decision was made to ensure that the compensation awarded was fair and just, reflecting the parameters set forth in the earlier judgment. The court's order clarified the calculation method for the Motor Accident Claims Tribunal (MACT) to follow, ensuring that the entitlement was worked out accordingly. The modification was formally recorded in the order dated March 3, 2009, by Justices Dr. Arijit Pasayat and Asok Kumar Ganguly.
Headnote
A) Tort Law - Compensation Calculation - Multiplier and Interest Rate - Not applicable - The court modified the previous judgment regarding the calculation of compensation by fixing the multiplier at 10 and the interest rate at 6% per annum. The modification was made to ensure appropriate compensation based on the parameters indicated in the judgment. Held that the changes were necessary for fair compensation (Paras 15).
Issue of Consideration
Whether the multiplier and interest rate for compensation should be modified.
Final Decision
The Supreme Court modified the previous judgment by fixing the multiplier at 10 and the interest rate at 6% per annum for the calculation of compensation.
Law Points
- Compensation calculation
- multiplier fixation
- interest rate determination
