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2022 Supreme(SC) 1777

SUPREME COURT OF INDIA
S. Abdul Nazeer, V. Ramasubramanian, JJ.
Rakesh Arora & Anr. – Appellants
Versus
Bharti Axa General Ins. Co. Limited – Respondent
Civil Appeal No(s). 6211 of 2022 (Arising Out of SLP(C) No(s). 9701 of 2018)
Decided On : 06-09-2022

Advocates Appeared:
Mr. Mritunjay Kumar Sinha, Advocate, Ms. Vimal Sinha, Advocate, Mr. Rajesh Kumar, Advocate, Mr. Ankit Gupta, Advocate, Mr. Deep Shikha, Advocate, for the Appellant; Mr. Navneet Kumar, Advocate, Mr. Saurabh Tiwari, Advocate, Mr. Parijat Kishore, Advocate, for the Respondent.

The age of the deceased should be considered in determining the appropriate multiplier for calculating compensation in the case of the death of a bachelor.

Headnote:

Multiplier - Motor Vehicle Accident - 17 - The court discussed the application of the multiplier in determining compensation for the death of a bachelor and held that the age of the deceased should be considered, not the age of the claimant/mother.

Fact of the Case:

Vikas Arora, a bachelor aged 27, died in a motor vehicle accident. His parents filed a claim for compensation, which was initially awarded at Rs.71,10,000 but reduced to Rs.52,57,000 by the High Court.

Finding of the Court:

The court found that the Tribunal had rightly applied the multiplier of 17 and awarded compensation based on the deceased's age. The High Court's decision was set aside, and the original judgment was restored.

Issues: The main issue was the determination of the appropriate multiplier for calculating compensation in the case of the death of a bachelor.

Ratio Decidendi: The court held that in the case of a bachelor, the choice of multiplier should be determined by the age of the deceased, not the age of the claimant/mother.

Final Decision: The appeal was allowed, and the respondent-Insurance Company was directed to deposit the compensation payable to the appellants/claimants within four weeks.

ORDER

1. Leave granted.

2. This appeal is directed against the judgment and order dated 4th September, 2017 passed by the High Court of Delhi in MAC. APP. 652/2016 whereby the High Court has reduced the compensation payable to the appellants/claimants from Rs.71,10,000/- to Rs.52,57,000/-.

3. One Vikas Arora, a bachelor aged 27 years old, died in a motor vehicle accident that occurred on 08.06.2013. His parents filed a claim petition before the Motor Accident Claims Tribunal, Dwarka Courts, New Delhi, seeking compensation on account of death of their son-Vikas Arora who was a chartered accountant by profession.

4. On the basis of the materials placed on record, the Tribunal assessed his monthly income as Rs.45,000/-. After adding 50% towards future prospects and deducting 50% towards personal expenses and on application of multiplier 17', the Tribunal awarded a total compensation of Rs.68,85,000/- towards loss of dependency. After adding compensation on other heads, a total of Rs.71,10,000/- was awarded.

5. However, in an appeal filed by the respondent-Insurance Company, the High Court applied multiplier 13' by holding that the age of the mother of the deceased at the relevant point of time should have been taken into consideration.

6. The only contention of learned counsel for the appellants is that while applying the proper multiplier in the case of the death of a bachelor, the age of the deceased should be taken into consideration.

7. We are in full agreement with the submission of learned counsel for the appellants. It is now well-established that in the case of a bachelor, the choice of multiplier is to be determined by the age of the deceased and not by the age of the claimant/mother. The Tribunal, in our view, has rightly applied the multiplier 17' and awarded compensation accordingly.

8. Having regard to the above, the judgment and order of the High Court, impugned herein, is set aside and the judgment in MACP No.205/13 passed by the Motor Accident Claims Tribunal, Dwarka Courts, New Delhi, is restored. The respondent-Insurance Company is directed to deposit with the Tribunal the compensation payable to the appellants/claimants within a period of four weeks from today after deducting the amount already deposited.

Accordingly, the appeal is allowed. No costs.

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