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2009 Supreme(SC) 1765

A.K.PATNAIK, DALVEER BHANDARI
Baby Radhika Gupta – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. This appeal is directed against the judgment of the Delhi High Court delivered in Motor Accident Claims Appeal No.239 of 2004 on 9th July, 2007.

4. On 19th May, 1995, Pankaj Gupta, aged 32 years, died in vehicular accident. The Motor Accident Claims Tribunal gave compensation of Rupees forty five lakhs to his wife, minor daughter and his parents. The Oriental Insurance Company [for short, ‘the Insurance Company’], being aggrieved by the said judgment, filed an appeal before the High Court. The High Court reduced the compensation to Rs.5,82,132/- Aggrieved thereby, the dependents of the deceased have preferred this appeal by way of special leave.

5. According to the appellants, the High Court has erred in applying the multiplier of 14, when, according to the second schedule to the Motor Vehicles Act, 1988, the correct multiplier ought to be 17, because at the time of death, the deceased was 32 years’ of age. The learned counsel appearing for the appellants also submitted that, out of the total income, the High Court deducted two-third of the amount as personal expenditure of the deceased; whereas, according to the





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