AMRIT BHANU SHALI & ORS. versus NATIONAL INSURANCE CO. LTD. & ORS.

AMRIT BHANU SHALI & ORS. versus NATIONAL INSURANCE CO. LTD. & ORS.

The applicable multiplier for compensation under s.166 Motor Vehicles Act, 1988, is determined by the age of the deceased and not by the age of dependents; where the deceased is an unmarried person with dependent parents, a 50% deduction toward personal and living expenses is appropriate.

Parties
Appellant: Amrit Bhanu Shali; Appellant: Smt. Sarlaben; Appellant: Mamta Bhanu Shali; Respondent: National Insurance Co. Ltd.; Respondent: Mukesh Agrawal; Respondent: Bakar Khan; Respondent: Shalu Sharma
Jurisdiction
India
Judgment Date
04 April 2012
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed; High Court order set aside; Tribunal award modified.
Legal Topics
Motor Accident Compensation, Fatal Accident, Selection of Multiplier, Personal and Living Expenses Deduction
Motor Vehicles Law Tort Law Motor Accident Compensation Fatal Accident Selection of Multiplier Personal and Living Expenses Deduction

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Parties

Amrit Bhanu Shali

Appellant

Smt. Sarlaben

Appellant

Mamta Bhanu Shali

Appellant

National Insurance Co. Ltd.

Respondent

Mukesh Agrawal

Respondent

Bakar Khan

Respondent

Shalu Sharma

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 What is the proper deduction for personal and living expenses in case of a deceased unmarried man with dependent parents?
  2. 2 What is the correct multiplier for compensation calculation under s.166, Motor Vehicles Act, 1988, based on the age of the deceased?

Ratio Decidendi

The applicable multiplier for compensation under s.166 Motor Vehicles Act, 1988, is determined by the age of the deceased and not by the age of dependents; where the deceased is an unmarried person with dependent parents, a 50% deduction toward personal and living expenses is appropriate.

Court Disposition

Appeal allowed; High Court order set aside; Tribunal award modified.

Orders

  • Compensation fixed at Rs.9,54,000/- (including Rs.1,00,000/- for affection of the son, Rs.10,000/- for funeral and ritual expenses, and Rs.2,500/- for loss of sight).
  • Interest at 6% per annum from filing date of claim petition to be paid.