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R. THARANI
Branch Manager, The United India Insurance Company Limited, Trichy – Appellant
Versus
Sarathamani – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the fair and decreetal order, dated 29.03.2019 made in M.C.O.P.No.39 of 2016, on the file of the Additional District Judge, Virudhunagar.)
1. This Civil Miscellaneous Appeal has been filed against the award, dated 29.03.2019 made in M.C.O.P.No.39 of 2016, on the file of the Additional District Judge, Virudhunagar. The appellant herein is the second respondent, the respondents 1 to 3 herein are claimants 1 to 3. The fourth respondent herein is the first respondent in the claim petition.
2. Brief substance of the claim petition is as follows:
On 26.06.2016, at about 8.45 pm, the deceased was walking near Chatrareddiapatti along the service road. At that time, a TVS XL Super Heavy Duty two wheeler bearing registration number TN 58 AY 6593 that belong to the first respondent, came in a rash and negligent manner, dashed against the deceased. He died on the spot itself. The petitioners are his dependants and they claimed a sum of Rs.20,00,000/- as compensation.
3. The first respondent remained ex-parte before the Tribunal. Brief substance of the counter filed by the second res
The application of the multiplier method for calculating compensation and the reasonableness of the compensation amount awarded by the Tribunal.
The central legal point established in the judgment is the determination of compensation under the Motor Vehicles Act, specifically the applicability of the split multiplier method and the reliance o....
The appropriate multiplier for compensation in accidental death cases should be based solely on the deceased's completed age, as established in the Sarla Verma case.
Tribunal's determination of responsibility for accident and calculation of compensation upheld
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.
The Supreme Court's decision on the application of the multiplier in determining compensation is binding and cannot be changed under any circumstances.
The tribunal’s reliance on split multiplier method for determining compensation was found erroneous; proper calculation shows enhanced compensation of Rs.42,02,444/- owed to claimants.
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....
Without assigning any reasons, compensation towards "loss of dependency" cannot be determined by splitting multiplier.
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