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2022 Supreme(SC) 1797

SANJAY KISHAN KAUL, ABHAY S. OKA
Saroj Devi – Appellant
Versus
New India Assurance Co. Limited – Respondent


Advocates Appeared:
Mr. S. N. Parashar, Advocate, Mr. Ankit, Advocate, Mr. Deepshikha, Advocate, Ms. Vimal Sinha, Advocate, Mr. Mritunjay Kumar Sinha, Advocate, for the Appellant; Mr. J. P. N. Shahi, Advocate, Mr. Rameshwar Prasad Goyal, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. The appellants are the claimants who filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 for claiming compensation on account of death of one Amit Kumar (the deceased) in a vehicular accident. The first two appellants are the parents of the deceased and the third appellant is the sister of the deceased.

3. On 04th September 2014, when the deceased was plying motor cycle, a bus insured with the respondent-insurance company gave a dash to the motor cycle of the deceased. As a result of the dash given by the bus, the deceased sustained grievous injuries which resulted in his death on 08th October 2014.

4. The Motor Accident Claims Tribunal (for short, 'the Tribunal') granted compensation of Rs.35,52,000/- with interest at the rate of 9% p.a by taking the income of the deceased at Rs.23,500/- per month and by applying multiplier of 18'. In the appeal preferred by the respondent-insurance company, by the impugned judgment and order, the High Court reduced the multiplier to 11'. The High Court calculated the multiplier on the basis of the a

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