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2022 Supreme(SC) 1662

S. RAVINDRA BHAT, SUDHANSHU DHULIA
Giasi Ram – Appellant
Versus
ICICI Lombard General Insurance Co. Limited – Respondent


Advocates appeared:
Mr. Saurav Arora, Advocate, Mr. Akshay Verma, Advocate, For the Appellant / Mr. Sandeep Jha, Advocate, Mr. Ram Ekbal Roy, Advocate, Ms. Neha Das, Advocate, Ms. Shaloni Sharan, Advocate, Mr. Binay Kumar Das, Advocate, For the Respondent.

ORDER

1. Heard learned counsel for the parties at length.

2. Leave granted.

3. The short question, on which the present appeal has been preferred, is that the High Court, vide its impugned Judgment dated 25.08.2017, reduced the compensation payable to the appellant(s) - claimants whose son had suffered fatal injuries and passed away on account of a motorcycle accident.

4. The Tribunal, in the first instance, had rejected the claim that the deceased was earning Rs. 10,000/- per month and had arrived at the figure of Rs. 3,683/- per month, on the basis of which, compensation was directed, after holding that the appropriate multiplier was 18.

5. Aggrieved, the Insurer approached the High Court, which in its impugned Judgment, reduced the multiplier to 9 having regarding the age of the surviving mother, who was the deceased's dependent.

6. This has been taken exception to by the appellants.

7. In addition, it has been urged that the High Court overlooked the five-Judge Bench decision of this Court in National Insurance Company Ltd. Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, in terms of which, the claimants were also entitled to enhanced future prospects while calculating the quant

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