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EASWARAN S.
Kamala, W/o. Late Thimmayyan – Appellant
Versus
Bajaj Alliance General Insurance Co. Ltd. , Represented By Its Branch Manager – Respondent
JUDGMENT :
(Easwaran S., J.) :
Can the Tribunal adopt and apply split multiplier while deciding the claim for compensation and whether the Tribunal erred in fixing the multiplier, ignoring the binding principles laid down by the Supreme Court are the questions posed before this Court in this appeal by the claimant for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Ottappalam.
2. The facts for the disposal of the appeal are as follows:-On 11.06.2018, at 09.05 am, the 1st respondent in OP(MV) No. 599 of 2018 was driving the school bus bearing registration No.KL-50/D-8891. He reversed the vehicle negligently at a place Natamalika, and hit Mr. Kulasekharan, S/o Thimmayyan and thereby he sustained grievous injuries and further succumbed to the injuries. The claim was preferred by the legal heirs of the deceased. The Insurance Company appeared and contested the claim and contented that the claim amount in the petition was highly excessive and exaggerated. However, the policy in respect of Vehicle No.KL-50/D-8891 was admitted. The Motor Accidents Claims Tribunal, Ottapalam framed the following issues:-
The court established that the application of a uniform multiplier based on the deceased's age is essential in compensation claims, and the split multiplier approach is only valid when justified by s....
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Death in motor accident – In normal course, compensation is to be calculated by applying multiplier and not split multiplier – Any deviation from same warrants special reasons to be recorded.
Point of Law : When compensation is awarded under the head loss of consortium, there is no justification in awarding compensation for loss of love and affection as a separate head.
Without assigning any reasons, compensation towards "loss of dependency" cannot be determined by splitting multiplier.
The court reaffirmed that split multipliers for compensation calculations are impermissible unless exceptional reasons are recorded, thus enhancing the total compensation based on the standard multip....
The Supreme Court's decision on the application of the multiplier in determining compensation is binding and cannot be changed under any circumstances.
The main legal point established in the judgment is the requirement for specific reasons and evidence to apply the split multiplier method and the consideration of potential future employment and ear....
The main legal point established in the judgment is that a uniform multiplier should be applied in all cases for determining compensation, considering the age of the deceased as the relevant factor.
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