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2021 Supreme(SC) 507

K.M.JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
CHANDRA – Appellant
Versus
BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. G. Balaji, AOR
For the Respondent: Mr. Rajesh Kumar Gupta, AOR

ORDER :

1. Leave granted.

2. The appellants have assailed the impugned judgment of the High Court by which allowing the appeal filed by the first respondent-insurer, the compensation which was awarded to the appellants by the Motor Accidents Claims Tribunal (hereinafter referred to as ‘MACT’ for brevity) in the sum of Rs.30,81,577/- was reduced to Rs.8,20,000/-.

3. The case of the appellants was based on the death of one J. Jeyachandran in an accident which took place on 28.07.2012. After finding liability as claimed by the appellants, MACT arrived at a sum of Rs.30,81,577/-. The reasoning of the MACT was that the appellant was employed in a job in Saudi Arabia where he was earning 3,500 Riyals. MACT further took the multiplier at 16. It is this reasoning which did not appeal to the High Court. By the impugned order, the High Court while allowing the appeal filed by the insurer, reasoned as follows:

4. The High Court found that it may not be safe to arrive at the income of the deceased on the basis of the monthly salary of 3,500 Riyals projected by the appellants. Instead, the High Court substituted the income of the deceased with the sum of Rs.15,000/-per month. Secondly, the High Cou

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