17 April 2009
Supreme Court
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N. CHELLAMMAL Vs MANAGING DIRECTOR, T.N.ST.TPT CORPN.LTD

Case number: C.A. No.-002826-002826 / 2009
Diary number: 21210 / 2007
Advocates: V. N. RAGHUPATHY Vs R. NEDUMARAN


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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 2826   OF 2009 [Arising out of SLP(C) No. 19879/2007]

N. CHELLAMMAL ... APPELLANT(S)

:VERSUS:

THE MANAGING DIRECTOR, TAMIL NADU STATE  TRANSPORT CORPORATION LTD.

... RESPONDENT(S)

O R D E R

Leave granted.

Heard the learned counsel for the parties.  

The only issue raised before us in this appeal is with regard to the multiplier  

to be applied in respect of the claimant who was 26 years of age on the date of the  

accident  and  had  undergone  permanent  disability  of  65%  as  his  leg  has  been  

amputated.  The  Motor  Accident  Claims  Tribunal  keeping  in  view  the  age  of  the  

claimant,  adopted a multiplier of 18 and awarded compensation amounting to Rs.  

3,66,500/-.  

The  matter  was  then  taken  in  appeal  to  the  High  Court  by  the  present  

respondent. The High Court has applied the multiplier of 12 and reduced the amount  

of compensation to Rs.2,49,500/-  with interest. This order of the High Court is under  

challenge at the instance of the claimant.  

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As per the records, it has been found that the claimant was 26 years of age on  

the date of the accident.   In this  view of the matter, we are of the opinion that a  

multiplier  of  18  was  the  proper  and  appropriate  one  and  the  application  of  a  

multiplier of 12 by the High Court was clearly erroneous.   

Accordingly, we set aside the order passed by the High Court and restore  

that of the Tribunal. The appeal is allowed accordingly. There shall, however, be no  

order as to costs.  

We direct that the amount of compensation as awarded by the Tribunal shall  

be paid, after adjusting the payment,  if any, already made,  within a period of twelve  

weeks from today.  

..........................J (HARJIT SINGH BEDI)

..........................J   (Dr. MUKUNDAKAM SHARMA)    NEW DELHI, APRIL 17, 2009.