PREETHA KRISHNAN & ORS. versus THE UNITED INDIA INSURANCE CO. LTD. & ORS.
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[2025] 11 S.C.R. 487 : 2025 INSC 1293 Preetha Krishnan & Ors. v. The United India Insurance Co. Ltd. & Ors. (Special Leave Petition (Civil) No(s). 9753-56 of 2025) 06 November 2025 [Sanjay Karol* and Prashant Kumar Mishra, JJ.] Issue for Consideration Grievance of the claimant-appellants is w.r.t the application of split multiplier by the High Court, causing a significant reduction in the total compensation, as awarded by the Tribunal, vis-Γ -vis, the High Court. Headnotesβ Motor Vehicles Act, 1988 β Motor Accident Claim β Compensation β Calculation of β Application of split multiplierΒ β Impermissibility β Deceased, an Assistant Engineer in the PWD, aged 51 years died in a car accident β Appellants (wife and children of the deceased) sought compensation of Rs.60,00,000/-, stating that the deceased earned Rs.47,860/- p.mΒ β Tribunal awarded Rs.44,04,912/- to the appellants with interest @ 7.5% p.a β High Court inter alia reduced the compensation under the head of loss of dependency from Rs.42,29,712/- to Rs.35,10,144/-, by applying a split multiplier considering the post-retirement reduction in the income of the deceased, thereby deducting the excess amount of Rs.7,19,568/- β Review petitions rejected by High Court β Challenge to: Held: Split multiplier is a concept foreign to the Motor Vehicles Act, 1988 and is not to be used by the Tribunal and/or Courts in calculation of the compensation β The income as on the date of death is to be taken to calculate the compensation β A split multiplier is not to be adopted, as a matter of course, and is only to be used in the exceptional circumstances, with such circumstances being recorded β Superannuation from service hardly qualifies as such an exceptional circumstance, which would justify the use of split multiplier β It is only a natural progression that a person who *βAuthor 488 [2025] 11 S.C.R. Supreme Court Reports enters service must also exit at some point in time β The same cannot be taken as a negative circumstance against the deceased person or a person injured severely, leading to incapacitation or permanent disability β High Court failed to comply with the directives issued in Pranay Sethi i.e., granting 10% enhancement, every three years under the conventional heads β Multiplier of 11 applied, compensation payable to the appellants enhanced to Rs.47,76,794/- β Impugned Award passed by the Tribunal, as modified by the High Court vide the impugned judgment; and judgement in review petitions, modified accordingly. [Paras 17-20] Directions by Supreme Court β Motor Vehicles Act, 1988Β β Motor Accident Claim β Compensation β Calculation of β Application of split multiplier β Divergent opinion of High Courts: Held: Split multiplier is a concept foreign to the Motor Vehicles Act, 1988 and is not to be used by the Tribunal and/or Courts in calculation of the compensation β A split multiplier is not to be adopted, as a matter of course, and is only to be used in the exceptional circumstances, with such circumstances being recordedΒ β Directions issued to apply prospectively and the conclusions arrived at regarding the split multiplier, shall not affect the judgments of the High Courts noticed β A copy of this order to be circulated to the Registrars General of all the High Courts for necessary information and compliance and also to the Tribunals. [Para 22] Case Law Cited National Insurance Co. Ltd. v. Pranay Sethi [2017] 13 SCR 100 : (2017) 16 SCC 680 β followed. Sarla Verma v. DTC [2009] 5 SCR 1098 : (2009) 6 SCC 121; N. Jayasree & Ors. v. Cholamandalam MS General Insurance Co. Ltd. [2021] 6 SCR 1001 : (2022) 14 SCC 712; Sumathi v. National Insurance Co. Ltd., 2021 SCC Online SC 3697 β relied on. K.R. Madhusudhan v. Administrative Officer [2011] 2 SCR 1061Β : (2011) 4 SCC 689; Puttamma v. K.L. Narayana Reddy & Ors. [2013] 16 SCR 83 : (2013) 15 SCC 45 β referred to. List of Acts Motor Vehicles Act, 1988. [2025] 11 S.C.R. 489 Preetha Krishnan & Ors. v. The United India Insurance Co. Ltd. & Ors. List of Keywords Split multiplier; Application of split multiplier; Calculation of compensation; Reduction in total compensation; Post-retirement reduction in income of deceased; Superannuation from service not an exceptional circumstance. Case Arising From CIVIL APPELLATE JURISDICTION: Special Leave Petition (Civil) No(s). 9753-9756 of 2025 From the Judgment and Order dated 28.06.2024 and 27.11.2024 of the High Court of Kera
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