The appellate court reduced the life annuity multiplier from 17 to 16, citing the age of the deceased as 32 years. This reduced the total compensation payable by the appellant.
The appeal was disposed of; compensation recalculated with multiplier 16 bringing total to Rs. 3,84,000 plus head compensation.
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Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 1817 of 2014
Appellant :- National Insurance Company Ltd. Respondent :- Smt. Radhika And 4 Others Counsel for Appellant :- S.K. Mehrotra Counsel for Respondent :- Ram Sagar Yadav
Hon'ble Vivek Agarwal,J.
List revised.
None present on behalf of respondent.
Heard Shri S.K. Mehrotra, learned counsel for the appellant.
Appellant has filed this appeal being aggrieved of award dated 27.02.2014 passed by learned Motor Accident Claims Tribunal/Special Judge (E.C. Act), Jaunpur in M.A.C.P. No.132 of 2013 on a singular ground that the age of the deceased has been mentioned as 32 years in the claim petition and therefore, multiplier of 16 will be applicable in the light of the law laid down by Hon'ble Supreme Court in case of Smt. Sarla Verma and other vs. Delhi Transport Corporation and another (2009) 6 SCC 121 in place of 17 applied by learned claims Tribunal.
After hearing learned counsel for appellant and going through the records, when multiple of 16 is applied then of quantum of pecuniary compensation will come out to Rs.3,84,000/- in place of Rs.4,08,000/- as has been computed by learned claims Tribunal. Over and above the claimants will be entitled to a sum of Rs.70,000/- taking total compensation payable to the claimants to Rs.4,54,000/-.
In the above terms, appeal is disposed of.
Other terms and conditions of the award shall remain intact.
Order Date :- 21.1.2021 VS
2 issues framed by the court
Whether the multiplier should be reduced from 17 to 16 based on the age of the deceased noted in the claim petition.
Whether the tal老师的 award of compensation should be modified following the reduction in the multiplier.
Colour shows how this judgement treated each authority
Smt. Sarla Verma and other vs. Delhi Transport Corporation and anotherReferred¶8
Smt. Sarla Verma and other vs. Delhi Transport Corporation and another (2009) 6 SCC 121 · Who else cites this
National Insurance Company Ltd.
Smt. Radhika And 4 Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
