Jyoti vs National Insurance Company Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1780

S. ABDUL NAZEER, V. RAMASUBRAMANIAN
Jyoti – Appellant
Versus
National Insurance Company Limited – Respondent

Advocates Appeared:
Mr. Syed Hasan Isfahani, Advocate, Mr. Vikas Yadav, Advocate, Md. Hasan, Advocate, Mr. Anup Jain, Advocate, for the Appellant; Mr. Rahul Jain, Advocate, Mr. Hetu Arora Sethi, Advocate, Ms. Ritu Bhardwaj, Advocate, Mr. Karan Giri, Advocate, Mr. Avdesh Kumar Dubey, Advocate, Mr. Sachin Mittal, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. These appeals are directed against the judgment and order dated 28.07.2017 passed by the High Court of Delhi in MACT Appeal No.632 of 2016 and MACT Appeal No.236 of 2016 whereby the High Court has reduced the compensation payable to the appellants/claimants from Rs.32,40,600/- to Rs.22,50,000/-.

3. The first appellant is the wife of one Vinod Yadav who died in a motor vehicle accident which occurred on 27.01.2013. The second appellant is the minor daughter and appellants No.3 and 4 are mother and father respectively of the deceased Vinod Yadav.

4. The Tribunal, on appreciation of the materials on record awarded a total compensation of Rs.32,40,600/-. Vinod Yadav was aged 30 years at the time of the accident. The Tribunal assessed his income at the rate of Rs.12,000/- per month. One fourth of the income was deduced towards his personal expenses and multiplier 16' was applied for assessment of loss of dependency.

5. The claimants filed the appeal before the High Court seeking enhancement of compensation. The High Court fixed his income at Rs.9386/- per month

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2022 Supreme(SC) 1780

S. ABDUL NAZEER, V. RAMASUBRAMANIANJyoti – AppellantVersusNational Insurance Company Limited – Respondent

Cases Referred (1)

S. ABDUL NAZEER, V. RAMASUBRAMANIAN
Jyoti – Appellant
Versus
National Insurance Company Limited – Respondent