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2002 Supreme(Kar) 257

D.V.SHYLENDRA KUMAR, P.VISHWANATHA SHETTY, T.S.THAKUR
V. S. GOWDAR – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates:
A.K.Bhat, B.C.SEETHA RAMA RAO, H.G.Ramesh, M.B.NARGUND, Praveen Kumar Raikote, S.P.SHANKAR

TIRATH S. THAKUR, J.

( 1 ) THIS appeal is the following circumstances: before us on a reference being made in in Gulam Khader V. United India Insurance Co. Ltd. , 2001 ACJ 163 (karnataka), a division bench of this court held that a higher multiplier would be applicable for determination of loss of dependency in claims arising out of motor accidents that have occurred after the commencement of motor vehicles (Amendment) Act, 1994. For claims arising out of accidents prior to the said amendment, the multiplier could not go beyond 16 as held by the Supreme Court in general manager, Kerala State Road Trans. Corpn. V. Susamma Thomas, 1994 ACJ 1 (sc ). Another division bench of this court comprising h. n. tilhari and k. r. prasad rao, jj. , expressed doubts about the correctness of the said view. Their lordships were of the opinion that there was no real justification for limiting the benefit of the higher multiplier only to claims that arise out of accidents that have occurred after the amending act of 1994. The present reference to a larger bench was accordingly necessitated to examine the correctness of the view taken in gulam khader's case (supra ).

( 2 ) IN general manager, Kerala S













































































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