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2011 Supreme(Ker) 1071

R.BASANT, N.K.BALAKRISHNAN
National Insurance Company Ltd. – Appellant
Versus
Chacko – Respondent


Advocates Appeared:
For the Appellant :Rajan P. Kallyath, Advocate.
For the Respondents:S. Sree Kumar and Philip Mahew, Advocates.

JUDGMENT :

R. BASANT, J.

1. (i) How is the amount payable in the case of death under Section 163A of the Motor Vehicles Act ('the Act' hereafter) to be ascertained?

(ii) Are the Tribunals to employ the multiplier- multiplicand method to ascertain the quantum of compensation payable in the case of death under the Second Schedule also?

(iii) For what purpose is the "multiplier" furnished in the chart/table in the Second Schedule?

(iv) Even in a claim under Section 163A are the claimants/legal heirs bound to prove the extent of dependency and loss?

(v)Is negligence or contributory negligence relevant in a claim under Section 163A?

(vi)Can the Schedule to 163A be ignored or disregarded while ascertaining quantum of compensation under Section 163A?

(vii) Can the quantum of compensation payable in the case of death be ascertained independently without resort to the Second Schedule in a claim under Section 163A?

2. These very fundamental doubts/questions seem to disturb and vex Tribunals in the State. In matters coming up before us for admission and hearing in this jurisdiction we are able to perceive gross and chaotic confusion in the minds of tribunals and we are hence persuaded to consider the






































































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