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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Satyen Vaidya, J
IFFCO Tokio General Insurance Co. Ltd. – Appellant
Versus
Kamla Devi – Respondent
JUDGMENT :
Satyen Vaidya, J.
This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, “The Act”), has been filed by the appellant/ insurer against award dated 14.11.2018 passed by learned Motor Accident Claims Tribunal-III, Mandi, District Mandi, H.P. (Sarkaghat Court) in claim petition No. 14/2017.
2. A motor cycle bearing registration No. HP-28A-3144 met with an accident on 09.09.2016 at about 9.10 A.M. at village Parchhu, Tehsil Sarkaghat, District Mandi. At the time of accident, the motor cycle was driven by Nishant Verma respondent No.2 herein, (hereinafter referred to as the owner-cum-rider). One Gian Chand who was on the pillion suffered injuries in the accident and as a result thereof died.
3. The wife of deceased Gian Chand filed a petition under Section 166 of the Act seeking compensation on account of death of his late husband. The deceased was stated to be 56 years old at the time of accident. His monthly income was alleged to be Rs.60,838/- (Rs.48,838 earned from salary and Rs.12,000/- from agriculture). The deceased was working as Kanungo at Rakhoh Circle, Tehsil Sarkaghat, District Mandi.
4. The claimant alleged that the accident had taken place on accoun
The court affirmed the use of the multiplier method for compensation calculation in motor accident claims, emphasizing deductions based on the number of dependents and adherence to established legal ....
Accident claim - loss of dependency – Entitlement of enhanced compensation amount
The applicable multiplier for compensation under the Motor Vehicles Act, 1988 must be determined based on the age of the deceased, as established in the decisions of Pranay Sethi(supra) and Sarla Ver....
Without assigning any reasons, compensation towards "loss of dependency" cannot be determined by splitting multiplier.
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