Yogesh Kumar Rai Vs. State of U.P. and ors. - Court Judgment

Excerpt:

.....or the multiplicand having regard to the circumstances of the case and capitalising the multiplicand by an appropriate multiplier. the choice of the multiplier is determined by the age of the deceased (or that of the claimants whichever is higher) and by the calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual interest. in ascertaining this, regard should also be had to the fact that ultimately the capital sum should also be consumed up over the period for which the dependency is expected to last. deceased aged 43 years at time of accident and was hawker. multiplier of 10 and rate of interest @ 6% p.a. would be appropriate and not multiplier of 15 and interest rate @ 9% p.a. fixed by high court. compensation was determined at rs.2,00,000/- with interest at 6% p.a. order1. leave granted.2. we find no merit in the appeal and the same is accordingly dismissed.3. the high court has dismissed the second appeal with costs of rs. 3,000/-. the cost part of the judgment is set aside.4. there will be no order as to costs.

Judgment:

ORDER

1. Leave granted.

2. We find no merit in the appeal and the same is accordingly dismissed.

3. The High Court has dismissed the Second Appeal with costs of Rs. 3,000/-. The cost part of the judgment is set aside.

4. There will be no order as to costs.