THE ORIENTAL INSURANCE CO. LTD. versus NIRU @ NIHARIKA & ORS.

THE ORIENTAL INSURANCE CO. LTD. versus NIRU @ NIHARIKA & ORS.

The Supreme Court upheld the Tribunal's multiplier of 13 and the High Court's computation (final total award Rs.76,63,508), held that 9% interest from the date of filing to the date of disbursement is appropriate, and that awarding interest on future prospects is not illegal; accordingly the Special Leave Petitions were rejected.

Parties
Petitioner: The Oriental Insurance Co. Ltd.; Respondents: Niru @ Niharika & Ors.
Jurisdiction
India
Judgment Date
14 July 2025
Procedural Posture
Special Leave Petition (c) No. 11340 of 2020; Slp(c) No. 22136 of 2024 / Final Judgment (slps Rejected)
Outcome
Special Leave Petitions rejected; High Court orders upheld.
Legal Topics
Compensation, Multiplier, Loss of Dependency, Loss of Consortium, Loss of Estate, Funeral Expenses, Rate of Interest, Awarding Interest for Future Prospects
Motor Vehicle Accident Compensation Multiplier Loss of Dependency Loss of Consortium Loss of Estate Funeral Expenses Rate of Interest +1 more

Case Brief

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Parties

The Oriental Insurance Co. Ltd.

Petitioner

Niru @ Niharika & Ors.

Respondents

Procedural Posture

Special Leave Petition (c) No. 11340 of 2020; Slp(c) No. 22136 of 2024 / Final Judgment (slps Rejected)

Legal Issues

  1. 1 Whether interference is required in the multiplier adopted by the Tribunal and affirmed by the High Court
  2. 2 Whether the 9% interest rate granted by the Tribunal is perfectly in order
  3. 3 Whether awarding interest for future prospects is illegal

Ratio Decidendi

The Supreme Court upheld the Tribunal's multiplier of 13 and the High Court's computation (final total award Rs.76,63,508), held that 9% interest from the date of filing to the date of disbursement is appropriate, and that awarding interest on future prospects is not illegal; accordingly the Special Leave Petitions were rejected.

Court Disposition

Special Leave Petitions rejected; High Court orders upheld.

Orders

  • The award amounts (total Rs.76,63,508 in SLP(C) No.11340 of 2020) shall be paid with interest at 9% from the date of filing of the claim till the date of disbursement, deducting Rs.50,000 already paid; in SLP(C) No.22136 of 2024 interest as awarded by the High Court at 6% to be adjusted for amounts already paid.
  • If the awarded amounts are not paid within a period of 3 months, the total amount of award with interest shall carry 12% interest from the date of default.