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2018 Supreme(SC) 126

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Sube Singh – Appellant
Versus
Shyam Singh (Dead) – Respondent


Advocates Appeared:
For the Appellants :- Rakesh Kumar Yadav For Dr. Kailash Chand, Advs.
For the Respondents:- Chander Shekhar Ashri, Advs.

JUDGMENT

A.M. Khanwilkar, J.

The sole question to be answered in this appeal is: whether the High Court was right in applying multiplier 14 for determining compensation amount in a motor accident claim case in reference to the age of parents of the deceased whilst relying on the decision of this Court in Ashvinbhai Jayantilal Modi v. Ramkaran Ramchandra Sharma and Anr., 2015 (2) SCC 180 ?

2. Briefly stated, in a motor accident which occurred on 22.09.2009, Ajit Singh, who was at the relevant time 23 years of age died. His parents, who were in the age group of 40 to 45 years, filed a petition claiming compensation. The Motor Accident Claims Tribunal held that the established income of the deceased was around Rs. 4,200/- per month and after deduction of 50% as the deceased was unmarried, calculated the same as Rs. 2,100/- per month. Thereafter, it applied multiplier 15, taking the age of the "parents of the deceased" into consideration. This was challenged by the appellants by way of an appeal before the High Court of Punjab and Haryana at Chandigarh, being FAO No.330 of 2012 (O&M) which was partly allowed in relation to other heads of compensation. As regards multiplier applied for det











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