H.S. AHAMMED HUSSAIN AND ANR. versus IRFAN A. HAMMED AND ANR.

H.S. AHAMMED HUSSAIN AND ANR. versus IRFAN A. HAMMED AND ANR.

Joint appeal by insured and insurer for challenging quantum of compensation is maintainable with deletion of insurer's name; correct multipliers are 15 for age 45 and 16 for age 40; interest should be awarded at 9% p.a.; compensation to mothers need not be kept in fixed deposit unless already invested.

Parties
Appellants: H.S. Ahammed Hussain and Anr.; Respondents: Irfan A. Hammed and Anr.
Jurisdiction
India
Judgment Date
09 July 2002
Procedural Posture
Civil Appeal / Appeal From Karnataka High Court Judgment in M.f.a. No. 1112 of 1997
Outcome
Appeals allowed in part; High Court judgments modified.
Legal Topics
Compensation Calculation, Maintainability of Joint Appeal, Interest on Compensation, Fixed Deposit of Awarded Compensation, Application of Multiplier
Motor Accident Claims Tort Law Compensation Calculation Maintainability of Joint Appeal Interest on Compensation Fixed Deposit of Awarded Compensation Application of Multiplier

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Parties

H.S. Ahammed Hussain and Anr.

Appellants

Irfan A. Hammed and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Karnataka High Court Judgment in M.f.a. No. 1112 of 1997

Legal Issues

  1. 1 Maintainability of joint appeal by insured and insurer challenging quantum of compensation
  2. 2 Correct application of multiplier under Second Schedule for calculation of compensation
  3. 3 Appropriate rate of interest on compensation awarded

Ratio Decidendi

Joint appeal by insured and insurer for challenging quantum of compensation is maintainable with deletion of insurer's name; correct multipliers are 15 for age 45 and 16 for age 40; interest should be awarded at 9% p.a.; compensation to mothers need not be kept in fixed deposit unless already invested.

Court Disposition

Appeals allowed in part; High Court judgments modified.

Orders

  • Parents of Vazeer entitled to Rs. 1,95,000 compensation; parents of Rafeeq entitled to Rs. 2,07,000.
  • Interest at 9% p.a. from date of filing to realization.