HARESH SHANTILAL AVLANI & ANR versus THE NEW INDIA ASSURANCE CO. LTD.

HARESH SHANTILAL AVLANI & ANR versus THE NEW INDIA ASSURANCE CO. LTD.

It is the age of the deceased which ought to be taken into consideration and not the age of the dependents for arriving at the multiplier for computing compensation in motor accident claims.

Parties
Appellants: Haresh Shantilal Avlani & Anr.; Respondent: The New India Assurance Co. Ltd.
Jurisdiction
India
Judgment Date
12 March 2024
Procedural Posture
Civil Appeal / Decision of the Supreme Court
Outcome
Appeals allowed and disposed of
Legal Topics
Multiplier, Age of the Deceased, Dependents, Calculation of Compensation
Motor Vehicles Act Compensation Personal Injury Civil Appellate Procedure Multiplier Age of the Deceased Dependents Calculation of Compensation

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Parties

Haresh Shantilal Avlani & Anr.

Appellants

The New India Assurance Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Decision of the Supreme Court

Legal Issues

  1. 1 Whether the age of the deceased or the age of the dependents should be used to determine the multiplier for computing compensation under motor accident claims

Ratio Decidendi

It is the age of the deceased which ought to be taken into consideration and not the age of the dependents for arriving at the multiplier for computing compensation in motor accident claims.

Court Disposition

Appeals allowed and disposed of

Orders

  • The impugned judgment dated 19th October, 2016 in FAO No. 756 of 2016 is quashed and set aside and the MACT judgment dated 10th July, 2015 fixing the multiplier at 18 is restored; the respondent-Insurance Company is directed to pay the balance amount with up-to-date interest after adjusting amounts already paid and...
  • The impugned judgment dated 10th January, 2017 in First Appeal No. 50 of 2016 is modified to the extent that the multiplier shall be applied as assessed by the MACT as 17; the MACT shall recalculate the amount payable and, after adjusting amounts already paid, respondent no.2-Insurance Company shall deposit the...