Case brief
What is this about?
MACA enhancement of compensation - Orissa High Court - fatal road accident - contributory negligence finding set aside - rash and negligent driving of offending car AP-31-F-4590 - insurer alone liable (Oriental Insurance Company) - multiplier method versus lump sum - Sarla Verma applied (40% future prospects, 50% deduction for bachelor, 18 multiplier) - Pranay Sethi applied (Rs.70,000 general damages) - compensation enhanced from Rs.1,50,000/- to Rs.5,23,600/- with 6% interest from date of claim application - payment within eight weeks subject to deduction of interim payments - recovery from owner if recoverable - V. Narasingh, J.
What did the court decide?
Compensation enhanced from Rs.1,50,000/- to Rs.5,23,600/- with interest at 6% per annum from the date of the claim application; contributory negligence finding set aside; amount payable by Respondent No.2 (Oriental Insurance Company) within eight weeks of receipt/production of a copy of the judgment after deduction of amounts, if any, already paid under the impugned award; liberty to the insurer to recover from the owner of the offending vehicle if recoverable in accordance with law; court fees payable by the Claimants as per Rules; MACA stands disposed of, no costs.