SHAKTI DEVI versus NEW INDIA INSURANCE CO. LTD. & ANR.

SHAKTI DEVI versus NEW INDIA INSURANCE CO. LTD. & ANR.

Given evidence of reasonable expectation of government employment, deceased's monthly income revised to Rs.2000/-; following Sarla Verma, 50% deduction for personal expenses, annual dependency set at Rs.12000/-; multiplier of 11 based on age of claimant; compensation enhanced to Rs.1,32,000/- with 10% simple interest per annum from Tribunal judgment date until payment, apportioned equally by insurance companies.

Parties
Appellant: Shakti Devi; Respondent: New India Insurance Co. Ltd.; Claimant (struck Off During Proceedings): Sachidanand Sinha (deceased); Respondent: Another Insurance Company (not specifically named)
Jurisdiction
India
Judgment Date
09 November 2010
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal partly allowed
Legal Topics
Compensation, Multiplier Method, Fatal Accident
Tort Law Motor Accident Claims Compensation Multiplier Method Fatal Accident

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Parties

Shakti Devi

Appellant

New India Insurance Co. Ltd.

Respondent

Sachidanand Sinha (deceased)

Claimant (struck Off During Proceedings)

Another Insurance Company (not specifically named)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Quantum of compensation for fatal motor accident under Section 166 of the Motor Vehicles Act, 1988
  2. 2 Application of appropriate multiplier based on age of claimant

Ratio Decidendi

Given evidence of reasonable expectation of government employment, deceased's monthly income revised to Rs.2000/-; following Sarla Verma, 50% deduction for personal expenses, annual dependency set at Rs.12000/-; multiplier of 11 based on age of claimant; compensation enhanced to Rs.1,32,000/- with 10% simple interest per annum from Tribunal judgment date until payment, apportioned equally by insurance companies.

Court Disposition

Appeal partly allowed

Orders

  • Compensation enhanced to Rs.1,32,000/- with simple interest of 10% per annum from June 6, 2000 till actual payment.
  • Insurance companies to pay enhanced compensation apportioned equally within two months as directed by Tribunal.