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Supreme Court of India · 2015-03-13

SHASHIKALA vs GANGALASHMAMMA

Citation / case number
SC 2014/1223
Court
Supreme Court of India
Petitioner
SHASHIKALA
Respondent
GANGALASHMAMMA
Author
R. BANUMATHI
Bench
R. BANUMATHI V. GOPALA GOWDA

Judgment text excerpt

The Supreme Court upheld the High Court's enhancement of compensation under the Motor Vehicles Act, stating that the calculation of loss of dependency must reflect the actual income of the deceased, as evidenced by income tax returns. The Court affirmed the High Court's method of determining the deceased's net income and applying a multiplier of 14, resulting in a total compensation of Rs.14,69,372/- as opposed to the tribunal's award of Rs.7,85,000/-. The judgment reinforces the principle that compensation must adequately reflect the financial loss suffered by dependents due to the death of the breadwinner.

SHASHIKALA vs GANGALASHMAMMA · Niyam