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2007 Supreme(SC) 1796

B.P.SINGH, H.S.BEDI
M. Lakshmi – Appellant
Versus
E. V. Kumar – Respondent


Advocates Appeared:
For the Appellants :- Mr. P.B. Suresh, Mr. Vipin Nair for M/s Temple Law firm.
Motor Vehicles Act, 1988, Section 166 - Compensation - Deceased - Aged 26 years - Multiplier of 18 would apply and not 17. [Para ]

JUDGMENT :

B.P. Singh, J. - We have heard counsel for the parties.

2. Notice was issued to the respondents to which they did not respond. Again a fresh notice was issued pursuant to order of this court dated 4.8.2006 mentioning the fact that this court may dispose of the special leave petition finally if they do not appear to contest the matter. No one has appeared today for the respondents.

3. Leave granted.

4. We notice that the age of the victim who suffered in the accident was 26 years. The High Court and the courts below have erred in applying the multiplier of 17 in the present case. According to counsel for the appellants the multiplier of 18 ought to have been applied. We, accordingly, modify the award and direct that the compensation payable to the appellants shall be awarded after applying multiplier of 18 instead of 17. The Motor Accident Claims Tribunal, Chennai, shall pass consequential orders within a period of two months from today.

5. The appeal is allowed to the extent indicated above.

Appeal allowed.

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