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2018 Supreme(SC) 1857

RANJAN GOGOI, NAVIN SINHA, K.M.JOSEPH
Kishan Devi – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates Appeared:
Mr. Rahul Rohtagi, Mr. Syed Ajmal Hasan and Mr. Somanatha Padhan, AOR, for the Appellants; Mr. Abhishek Kumar and Mr. Sudhir Naagar, AOR, for the Respondents

ORDER

1. Leave granted.

2. This quantum appeal raises several questions as to what would be just compensation awardable under the provisions of the Motor Vehicles Act, 1988.

3. The first issue is with regard to the correct multiplier to be adopted in the case of death of a bachelor. Whether it is the age of the deceased or the age of the claimant that should be taken into account.

The second is whether a self-employed person, to which category the deceased (about 38 years of age) belonged would be entitled to future prospects.

4. The last question is whether the award of damages for loss of estate [Rs.25,000/-(Rupees Twenty five thousand); loss of love and affection [Rs.1,00,000 (Rupees one lakh)] and funeral expenses [Rs.25,000/- (Rupees Twenty five thousand)) is correct.

5. The above issues are no longer res integra in view of the decision of the Constitution Bench of this Court in the case of National Insurance Company Limited vs. Pranay Sethi and others (2017) 16 SCC 680.

6. Answering the first question, after an elaborate discussion, the Constitution Bench of this Court in paragraph 59.7 of the decision in Pranay Sethi (supra) has categorically held that the age that should be

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