K.U.CHANDIWAL
Reliance General Insurance Company Limited – Appellant
Versus
Syeda Aleemunbee – Respondent
1) Heard. Admit. Heard finally. In this group of appeals, respective appellants, i.e. either the claimants or the insurance companies have questioned legality of multiplier fixed by the respective Motor Accident Claims Tribunals, under the Motor Vehicles Act.
2) Facts in each of the appeals are at variance to a larger extent, but, since common question of law, referred to above, is involved, they are taken up together, heard and disposed of by this common judgment.
FIRST APPEAL NO.1611/2013(MACP NO.44/2009).
3) Smt. Syeda Aleemunbee, sought compensation for death of Syed Shabbir. An amount of Rs.6,21,500/with interest @ 9% was awarded on 22.09.2011. Same is challenged by the appellant/insurance company on the ground of quantum. The appellant/insurance company feels that age of parents of the deceased at the time of accident was in the age-group of 40-45 years. The trial court should have applied multiplier of 15 and it should have deducted half of the amount towards personal expenses as the deceased was a bachelor, instead of 1/3rd. The income of the deceased should have been notionally treated at Rs. 3,000/- per month instead of holding the same to be Rs.4,500/-.
FIRST A
National Insurance Company Limited Versus Shyam Singh and Ors. - (2011) 7 SCC 65
Amrit Bhanu Shali & Ors. Versus National Insurance Co. Ltd. : 2012 (11) SCC 738) (2012 AIR SCW 3901)
Kerala SRTC Versus Sushama 1994 (2) SCC 176; UPSRT Versus Trilokchand : 1996 (4) SCC 362
Dev Patodi and Anr. Versus Devendra Arora and Anr. - (2009) 13 SCC 123
State of M.P. Versus Narmada Bachao (three-judges Bench) : 2011 7 SCC 639
UP State Versus Trilokchandra : 1996 (4) SCC 362
Rajesh and Ors. Versus Rajbir Singh and Ors. - (2013) 9 SCC 54
Reshma Kumari Versus Madan Mohan : (2013) 9 SCC 65
Laxmidevi Versus Mohd. Tabar reported in (2008) 12 SCC 165
Kerala SRTC Versus Susamma Thomas - (1994) 2 SCC 176)
Dawoodi Bohra Community Versus State of Maharashtra : (2005) 2 SCC 673
Trilok Chandra and Santosh Devi Versus National Insuance Co
Union of India Versus Raghuveer Singh : (1989) 2 SCC 754
Supe Dei (Smt.) Versus National Insurance Co. Ltd. & Anr. (three-Judge Bench) (2009) 4 SCC 513.
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