REBEKA MINZ AND ORS. versus DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ANR.

REBEKA MINZ AND ORS. versus DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ANR.

For a deceased aged 35 years, a multiplier of 16 must be applied; the proper amount of compensation is Rs. 13,44,000/- with 7% interest per annum from date of application till realization. The High Court's order reducing the quantum and interest without reasons is set aside.

Parties
Appellants: Rebeka Minz and Ors.; Respondents: Divisional Manager, United India Insurance Co. Ltd. and Anr.
Jurisdiction
India
Judgment Date
23 August 2012
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals allowed
Legal Topics
Accidental Death, Quantum of Compensation, Appropriate Multiplier, Rate of Interest Payable
Motor Accident Claims Accidental Death Quantum of Compensation Appropriate Multiplier Rate of Interest Payable

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Parties

Rebeka Minz and Ors.

Appellants

Divisional Manager, United India Insurance Co. Ltd. and Anr.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 What is the appropriate multiplier to be applied for calculating compensation when the deceased was 35 years old?
  2. 2 Whether the reduction of compensation and rate of interest by the High Court was justified?

Ratio Decidendi

For a deceased aged 35 years, a multiplier of 16 must be applied; the proper amount of compensation is Rs. 13,44,000/- with 7% interest per annum from date of application till realization. The High Court's order reducing the quantum and interest without reasons is set aside.

Court Disposition

appeals allowed

Orders

  • Compensation modified to Rs. 13,44,000/- (84,000 x 16) with 7% per annum interest from date of application till realization.
  • First respondent directed to pay total amount after giving credit for payments already made, in proportion as set by Tribunal.