An appeal against the Motor Accidents Claims Tribunal's reliance on the deceased's age rather than the claimant's age for the multiplier was dismissed, following the Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi and Ors.
The appeal and applications were dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. A.K. Soni, Advocate.
versus CHANNO DEVI & ORS ..... Respondents Through:
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA
O R D E R % 20.02.2018
The insurance company on which liability to pay compensation in favour of the first respondent on her claim petition (MAC Petition No.5197/16 - old MACP No.287/07) has been fastened, the award having been granted on account of death of her bachelor son Hari Prakash in motor vehicular accident that occurred on 03.03.2007, involving negligent driving of rural transport vehicle (RTV) bearing registration No. DL-IV-A-2660, concededly insured with the appellant, is aggrieved because in calculating the loss of dependency the Tribunal has adopted the multiplier of 17 going by the age of the deceased rather than age of the claimant mother (the father Ram Singh also being a co-claimant but having died on 26.11.2010).
The appeal is devoid of merit inasmuch as the view taken by the Tribunal on the question of multiplier is in accord with the ruling MAC.APP. 185/2018 Page 1 of 2
of the Constitution Bench of the Supreme Court rendered on 31.10.2017 in SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay Sethi and Ors.
The appeal and the applications filed therewith are thus dismissed in limine .
R.K.GAUBA, J
FEBRUARY 20, 2018 srb
Page 2 of 2
MAC.APP. 185/2018
1 issue framed by the court
Whether the Tribunal correctly adopted the multiplier of 17 based on the age of the deceased rather than the claimant mother.
Colour shows how this judgement treated each authority
National Insurance Company Ltd. Vs. Pranay Sethi and Ors.Relied on¶10
SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay Sethi and Ors.
1 provisions across 1 enactments
The Oriental Insurance Co Ltd
Channo Devi
R.K. Gauba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
