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2020 DIGILAW 663 (SC)

VED PRAKASH GOEL @ VED GOEL v. S. D. SINGH

2020-07-29

AJAY RASTOGI, ANIRUDDHA BOSE, SANJAY KISHAN KAUL

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ORDER Leave granted. 2. We have heard learned counsel for the parties. 3. The manner in which incident occured shows that the deceased actually came on the wrong side of the single way as the other side of the way was closed. It is this, which has weighed in affixing 50% contributory negligence on the appellants. 3. In view of the aforesaid, we are not able to persuade ourselves to give the benefit of the entire compensation to the appellants. 4. We have examined the impugned judgment and all other perspective also and do not find any infirmity except two aspects: (a) the multiplier applied was 13 while as per the judgment in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121 , it should have been 18. This position cannot be disputed by learned counsel for the respondent. (b) The interest granted is of 6% which generally the interest being granted is of 9% including in a recent judgment in the case of Erudhaya Priya v. State Express Transport Corporation Ltd., 2020 0 Supreme(SC) 456 : [Civil Appeal Nos. 2811-2812/2020) decided on 27th July, 2020. 5. The aforesaid are the only two aspects on which the impugned judgment is liable to be modified and all other findings are liable to be sustained. 6. The appeal is accordingly allowed in the aforesaid terms leaving the parties to bear their own costs.