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2021 Supreme(SC) 627

N. JAYASREE – Appellant
Versus
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. – Respondent


Advocates appeared:
For the Petitioner(s):Thomas P.Joseph, Bijo Mathew Joy, Dinny Thomas, Seshatalpa Sai Bandaru, Advocates
For the Respondent(s):Meenakshi Midha, Kapil Midha, Pritika Juneja, Versha Singh, Chander Shekhar Ashri, Advocates

Judgement Key Points

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JUDGMENT :

S. ABDUL NAZEER, J.

Leave granted.

2. This appeal is directed against the judgment dated 09.08.2017 passed by the High Court of Kerala at Ernakulam in MACA No. 1560 of 2013. Through the impugned judgment, the High Court scaled down the amount of compensation payable to the present appellants and thereby modified the award dated 26.04.2013 passed by the Motor Accident Claims Tribunal, Kottayam (for short ‘MACT’) in OP(MV) No.843 of 2011.

3. The appellants filed the aforesaid claim petition before the MACT seeking compensation on account of the death of N. Venugopalan Nair in a motor vehicle accident which occurred on 20.06.2011. Appellant no.1 is the wife of the deceased, appellant nos. 2 and 3 are his daughters and appellant no.4 is his mother-in-law.

4. There is no dispute as to the occurrence of the accident and the liability of the respondent-insurer to pay the compensation. In view of this admitted position, it is unnecessary to narrate the factual aspects of the accident.

5. The deceased was aged 52 years at the time of the accident. The MACT took the annual salary of the deceased as Rs.8,87,148. To this, the MACT applied a multiplier of ‘11’ and deducted one-fourth (1/4t

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