N. Bheemachari Vs. State of Karnataka and anr. - Court Judgment

Excerpt:
- motor vehicles act (59 of 1988)section 168: [dr.arijit pasayat & asok kumar ganguly,jj] compensation - multiplier method held, it involves ascertainment of loss of dependency or multiplicand. choice of multiplier is determined by age of deceased and by calculation as to what capital sum would yield the multiplicand by way of annual interest. section 168: [dr.arijit pasayat & asok kumar ganguly,jj] compensation determination - deceased riding scooter died in accident with bus - he was aged 43 years and earning rs. 12000/-p.m. as contractor applying multiplier of 10 and making 1/3rd deduction claimants would be entitled to compensation of rs.2,40,000/- with interest @ 6% p.a. section 168 :[dr.arijit pasayat & asok kumar ganguly,jj] compensation multiplier method held, the multiplier method involves the ascertainment of the loss of dependency 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. heard learned counsel for the parties.2. learned counsel appearing for the appellant pressed the appeal on the question of sentence only. he stated that the occurrence had taken place about twenty two years ago and the appellant has remained in custody for about two months.3. having taken into consideration the totality of the circumstances, we are of the view that ends of justice would be met in case the sentence of five years' imprisonment awarded against the appellant is reduced to the period already undergone by him.4. accordingly, the appeal is allowed in-part and the sentence of imprisonment awarded against the appellant is reduced to the period already undergone by him.5. the appellant, who is on bail, is discharged from the liability of bail bonds.

Judgment:
ORDER

1. Heard learned Counsel for the parties.

2. Learned Counsel appearing for the appellant pressed the appeal on the question of sentence only. He stated that the occurrence had taken place about twenty two years ago and the appellant has remained in custody for about two months.

3. Having taken into consideration the totality of the circumstances, we are of the view that ends of justice would be met in case the sentence of five years' imprisonment awarded against the appellant is reduced to the period already undergone by him.

4. Accordingly, the appeal is allowed in-part and the sentence of imprisonment awarded against the appellant is reduced to the period already undergone by him.

5. The appellant, who is on bail, is discharged from the liability of bail bonds.