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N. SESHASAYEE, P. VADAMALAI
Branch Manager, The Oriental Insurance Company Ltd. – Appellant
Versus
Nagalakshmi – Respondent
JUDGMENT :
(Judgment of the Court was delivered by P.VADAMALAI, J.)
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award made in M.C.O.P.No.257 of 2014, dated 13.03.2017 on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Dindigul.
This Civil Miscellaneous Appeal is preferred against the Award, dated 13.03.2017 passed in M.C.O.P.No.257 of 2014 by the Motor Accident Claims Tribunal/Principal District Judge, Dindigul.
2. The 2nd respondent in M.C.O.P.No.257 of 2014 is the appellant herein.
3. The respondents 1 to 4 herein are the petitioners/claimants, who filed the claim petition in M.C.O.P.No.257 of 2014. The 5th respondent herein is the 1st respondent in the claim petition. The appellant is the 2nd respondent in the claim petition.
4. For the sake of convenience, the parties arrayed in M.C.O.P.No. 257 of 2014 is adopted hereunder.
5. The brief facts of the case:
On 22.10.2013 at about 01.30 p.m. the deceased Murugesan was riding as a pillion rider in a two wheeler bearing registration number TN 58 AC 0186 along the Kannivadi - Dindigul road, driven by its rider in a moderate speed, while the vehicle was nea
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.
Accident claim - loss of dependency – Entitlement of enhanced compensation amount
The court reaffirmed that negligence in motor vehicle accidents is determined by preponderance of probabilities, and established that split multipliers for compensation calculations are erroneous.
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 that a uniform multiplier should be applied in all cases for determining compensation, considering the age of the deceased as the relevant factor.
Without assigning any reasons, compensation towards "loss of dependency" cannot be determined by splitting multiplier.
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.
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