2009 Supreme(SC) 1765

2009(7) Supreme 546
SUPREME COURT OF INDIA
Dalveer Bhandari and A.K. Patnaik, JJ.
Baby Radhika Gupta and Ors. — Appellants
versus
Oriental Insurance Co. Ltd. and Ors. — Respondents
Civil Appeal No. 7736 of 2009
(Arising out of S.L.P. (C) No.3289 of 2008)
Decided on : 24-11-2009

IMPORTANT POINT
Where at the time of death, the deceased was 32 years’ of age, the correct multiplier would be 17 .

Headnote:Motor Accident Claim – Death of deceased aged 32 years, in a vehicular accident – Motor Accident Claims Tribunal awarded a compensation of Rupees forty five lakhs to his wife, minor daughter and his parents – Insurance Company being aggrieved by said judgment, filed an appeal – High Court reduced the compensation to Rs.5,82,132/-Appeal thereagainst on plea that High Court erred in applying the multiplier of 14, when, according to second schedule to the Motor Vehicles Act, 1988, the correct multiplier ought to be 17, because at the time of death, deceased was 32 years’ of age - Case of appellants that, out of the total income, High Court deducted two-third of the amount as personal expenditure of the deceased; whereas, according to the settled legal position it should be one – third – Contentions of appellants held proper and appropriate to modify the order – On deducting one – third as personal expenditure from the annual income of Rs.1,18,314/-of the deceased, it comes to Rs.39,438/- and the remaining amount would be Rs.78,876/- and if it is multiplied by 17, then the amount would work-out to be Rs.13,40,892/-Deceased was 32 years’ of age when the accident took place and looking to the peculiar facts and circumstances of the case, held appropriate to grant Rupees two lakhs on account of future prospects – Appellants also held entitled to the amount of Rupees five thousand, given by the High Court, towards funeral expenses and Rupees twenty five thousand towards loss of love and affection.-Appeal disposed of with said modification (Paras 5 to 9)

       Facts of the Case :

        Present appeal has been filed against judgment of Delhi High Court delivered in Motor Accident Claims Appeal. Plea of appellants that High Court erred in applying the multiplier of 14, when, according to second schedule to the Motor Vehicles Act, 1988, the correct multiplier ought to be 17, because at the time of death, deceased was 32 years’ of age .It was further case of appellants that, out of the total income, High Court deducted two-third of the amount as personal expenditure of the deceased; whereas, according to the settled legal position it should be one-third.

       Findings of the Court :

        Contentions of appellants held proper and appropriate to modify the order. On deducting one-third as personal expenditure from the annual income of Rs.1,18,314/-of the deceased, it comes to Rs.39,438/- and the remaining amount would be Rs.78,876/- and if it is multiplied by 17, then the amount would work-out to be Rs.13,40,892/.Deceased was 32 years’ of age when the accident took place and looking to the peculiar facts and circumstances of the case, held appropriate to grant Rupees two lakhs on account of future prospects. Appellants also held entitled to the amount of Rupees five thousand, given by the High Court, towards funeral expenses and Rupees twenty five thousand towards loss of love and affection. Appeal disposed of with said modification