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2009 Supreme(SC) 1288

S.B.SINHA, CYRIAC JOSEPH
National Insurance Company Ltd. – Appellant
Versus
Gurumallamma – Respondent


Appearing Advocates:
For the Appellant:Ms. Meenakshi Midha, B.K. Satija, Advocates. For the Respondents:Nandkishor, N.R. Verma, Ms. Anjana Chandrashekar, Advocates.

Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Application of the Second Schedule appended to the Motor Vehicles Act, 1988 (the Act) in the facts and circumstances of this case is involved in this appeal which arises out of a judgment and order dated 19.11.2007 passed by a Division Bench of the High Court of Karnataka at Bangalore in MFA No.6627 of 2007 dismissing the appeal preferred by the appellant insurance company from a judgment and award dated 29.11.2006 passed in MVC No.982 of 2006 by the 16th Additional Judge, MACT, Bangalore, awarding compensation for a sum of Rs.4,78,300/- by way of compensation.

3. Indisputably, one Nagraj, predecessor-in-interest of the respondent, died in an accident which took place on 14.12.2005. The deceased was travelling in an auto rickshaw bearing registration No.KA-05-A/4240. It collided with a car bearing Registration No.KA-02-N/4605.

4. An application under Section 163A of the Act was filed. The deceased, at the time of accident, was aged about 22 years; whereas the age of the claimant was 50 years. The learned Tribunal as also the High Court, in determining the amount of compensation, applied the multiplier of 17.

5. Ms. Meenakshi Midha, lea










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