Rajeshwari & Ors vs Oriental Insurance Co. Ltd & Anr

at Nainital in Appeal From Order Nos.82/2007 and

109/2007.

The short question which falls for our

consideration is whether in the facts and circumstances

of the cases, the proper multiplier applied should be 16

or 18.

At the time of the incident, the age of the

deceased was 26 years. The Motor Accident Claims

Tribunal, Kashipur, while calculating the amount of

compensation applied the multiplier of 18. The amount of

compensation was reduced by the High Court by applying

the multiplier of 16 in the impugned judgment.

-2-

As per the Second Schedule appended to the Motor

Vehicles Act, 1988, for the age of the deceased above 25

years but not exceeding 30 years, the multiplier given is

18. The age of the deceased at the time of accident was

26 years, therefore, appropriate multiplier should be 18.

Consequently, the impugned judgment passed by the High

Court is modified to this extent and the order of the

Tribunal is restored.

The entire balance amount of compensation, after

adjusting the amount already paid, shall be paid to the

appellants, within four weeks from today.

With the aforementioned observation and direction,

these appeals are disposed of.

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi;

January 28, 2011.