Case: Mohan Singh Vs. Kashi Bai

while awarding compensation, the provisions contained in the Second Schedule may be taken as a guide including the multiplier, but there may arise some cases, as the one in hand, which may fall in the category having special features or facts calling for deviation from the multiplier usually applicable." 20. It is evident from the above that this Court in the said decisions had taken a departure from the Second Schedule. 21. In Jyoti Kaul v. State of M.P., [ (2002) 6 SCC 306 ] multiplier of 15 was adopted, stating :- "The aforesaid decision makes it clear that the principle of multiplier would depend on the facts and circumstances of each case. Looking to the facts of this case we find that the Tribunal has given good reasons for applying the multiplier of 15. This was in addition of taking into consideration that the predecessors of the deceased all lived for more than 80 years. The High Court reduced the multiplier from 15 to 10 without taking into consideration circumstances considered by the Tribunal and thus committed the error. We, accordingly, set aside the findings of the High Court only to the extent of the application of multiplier and uphold other findings including reduction of interest. The present appeal, accordingly, succeeds in part. The computation of compensation now shall be made on the basis of multiplier of 15. The difference of enhanced amount which has yet not been paid by the respondent State shall be paid to the claimants within a period of three months from today." 22. In Smt. Supe Dei & Ors. v. M/s. National Insurance Co. Ltd. & Anr. [JT 2002 (Suppl.1 ) SC 451], this Court held: "...While considering the question of just compensation payable in a case all relevant factors including the appropriate multiplier are to be kept in mind. The position is well settled that the second schedule under Section 163A to the Act which gives the amount of compensation to be determined for the purpose of claim under the section can be taken as a guideline while determining the compensation under Section 166 of the Act. In that view of the matter, there is no reason why multiplier of 17 should not be taken as the appropriate multiplier in the case." 23. In Abati Bezbaruah v. Dy. Director General, Geological Survey of India and Another [(2003) 3 SCC 148] , this Court held: "11. It is now a well-settled principle of law that the payment of compensation on the basis of structured formula as provided for under the Second Schedule should not ordinarily be deviated from. Section 168 of the Motor Vehicles Act lays down the guidelines for determination of the amount of compensation in terms of Section 166 thereof. Deviation from the structured formula, however, as has been held by this Court, may be resorted to in exceptional cases. Furthermore, the amount of compensation should be just and fair in the facts and circumstances of each case.12. The victim at the relevant time was 40 years of age. The Tribunal and the High Court, therefore, cannot be said to have committed an error in applying the multiplier of 15. The only question which is required to be considered now is as to how the multiplicand should be arrived at.13. The deceased at the time of accident was a young man. He had a stable job. A reasonably liberal view of his future prospects should have, therefore, been taken into consideration by the High Court as well as by the Tribunal.14. Having regard to the prospects and advancement of the future career, a higher estimate of the yearly income at Rs.45,000 would not be out of place. From the said amount, one- third of the gross income towards personal living expenses should be deducted. The amount of Rs 30,000 should thus be determined as the loss of dependency. The said sum should be capitalized by applying the multiplier of 15, which comes to Rs 4,50,000." 24. In Kanhaiyalal Kataria and Others v. Mukul Chaturvedi and Others [(2005) 12 SCC 190], this Court held: "3. Learned counsel for the claimants made submissions seeking enhancement of compensation on the ground that the income of the deceased has not been properly estimated. We are not going into any other aspect except the question of proper multiplier for computation of compensation. In our opinion, by taking the multiplier of 17, the amount of compensation deserves to be increased. The compensation amount may be suitably recomputed by the Tribunal by applying the multiplier of 17 and interest at the rate of 12 per cent per annum on the increased amount be also granted." 25. In Bilkish v. United India Insurance Company Limited and Another [(2008) 4 SCC 259] , this Court held: "4. After hearing learned counsel for the parties, we are of the opinion that the view taken by the High Court and the Tribunal is not correct. The incumbent was a bachelor and he could not have spent more than 1/3rd of his total income for personal use and rest of the amount earned by him would certainly go to the family kitty. Therefore, determining the loss of dependency by 50% was not correct. Therefore, we assess that he must be spending 1/3rd towards personal use and contributing 2/3rd of his income to his family. Therefore, we work out that Rs 30,000 was earned by him per annum. The loss of dependency was 2/3rd i.e. Rs 20,000. The multiplier of `11 applied for loss of dependency was also not correct and as per Schedule appended to the Motor Vehicles Act, 1988 it should be `12. Applying the multiplier of 12 the total loss of dependency will be Rs 20,000 x 12 = Rs 2,40,000 and Rs 10,000 towards loss of estate and funeral expenses, the total compensation comes to Rs 2,50,000 and incumbent is entitled for interest @ 9% p.a. from the date of the petition. The appeal is allowed with the aforesaid modification." 26.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]view taken by the High Court and the Tribunal is not correct. The incumbent was a bachelor and he could not have spent more than 1/3rd of his total income for personal use and rest of the amount earned by him would certainly go to the family kitty. Therefore, determining the loss of dependency by 50% was not correct. Therefore, we assess that he must be spending 1/3rd towards personal use and contributing 2/3rd of his income to his family. Therefore, we work out that Rs 30,000 was earned by him per annum. The loss of dependency was 2/3rd i.e. Rs 20,000. The multiplier of `11 applied for loss of dependency was also not correct and as per Schedule appended to the Motor Vehicles Act, 1988 it should be `12. Applying the multiplier of 12 the total loss of dependency will be Rs 20,000 x 12 = Rs 2,40,000 and Rs 10,000 towards loss of estate and funeral expenses, the total compensation comes to Rs 2,50,000 and incumbent is entitled for interest @ 9% p.a. from the date of the petition. The appeal is allowed with the aforesaid