Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2004

Supreme Court of India · 2004-02-13

Fakeerappa And Anr vs Karnataka Cement Pipe Factory And Ors

Citation / case number
2004 SCC (CRI) 577
Court
Supreme Court of India
Petitioner
Fakeerappa And Anr
Respondent
Karnataka Cement Pipe Factory And Ors
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that under the Motor Vehicles Act, 1988, the deduction for personal expenses in calculating loss of dependency should not follow a rigid formula, and in this case, it was appropriate to restrict the deduction to one-third of the deceased's income. The Court found the multiplier of 18 adopted by the Tribunal to be slightly high but upheld it due to lack of challenge by the insurer in the High Court. The appeal was allowed to the extent of modifying the deduction for personal expenses, while the rate of interest awarded by the Tribunal was upheld as there was no prior challenge.

Fakeerappa And Anr vs Karnataka Cement Pipe Factory And Ors · Niyam