R. SUBRAMANIAN, N. SATHISH KUMAR
Branch Manager, The National Insurance Company Ltd. – Appellant
Versus
Abdul Samad – Respondent
JUDGMENT :
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, against the fair and decreetal order dated 16.09.2019 made in M.C.O.P.No.110 of 2016 on the file of the Motor Accident Claims Tribunal(Principal District Judge/Additional District Judge (Addl. Charge) Ramanathapuram.
The only ground on which the appellant seeks to challenge the award is that the Tribunal ought to have applied split multiplier since the deceased is aged about 55 years at the time of accident.
2. Though Mr.S.Srinivasa Raghavan, learned counsel appearing for the appellant/Insurance Company, would vehemently contend that split multiplier should have been applied in this case, unfortunatey for him, the Honourable Supreme Court of India in R.Valli & Others v. Tamil Nadu State Transport Corporation Ltd., reported in 2022 SAR(Civ) 263, had held that the multiplier suggested by the Supreme Court in National Insurance Company Limited v. Pranay Sethi & Others reported in 2018 SAR (Civ) 81, cannot be changed under any circumstances. In coming to the said conclusion, the Honourable Supreme Court has observed as follows:
“11. Thus, we find that the method of determination of compensation applying two multip
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.