Haresh Shantilal Avlani & Anr. vs The New India Assurance Co. Ltd.

Court

Supreme Court of India

Date

12 March 2024

Case No.

Civil Appeal No. 4029-4030 of 2024

Result

Disposed

Bench

Hima Kohli, Ahsanuddin Amanullah

Citation

[2024] 3 S.C.R. 1009 : 2024 INSC 251

Issue for consideration

Matter pertains to fixing of the age of the deceased for applying a multiplier for the purposes of computing the compensation payable to the claimants.

Headnote

Motor Vehicles Act, 1986 – Compensation – Determination of – Calculation of multiplier, on basis of the age of the deceased or the age of the dependents:

Held: It is the age of the deceased which ought to be taken into consideration and not the age of the dependents for arriving at the multiplier – High Court erred in returning findings to the effect that the age of dependents of the deceased ought to be the relevant consideration for arriving at the choice of the multiplier. [Para 5]

Order 1. Leave granted. 2. The issue raised in these appeals relates to fixing of the age of the deceased for applying a multiplier for the purposes of computing the compensation payable to the claimants. 3. The appellants (parents of the deceased, Kartik Avlani) in Civil Appeals @ Petition for Special Leave to Appeal (Civil) No.13093 of 2017 are aggrieved by the judgement dated 19th October, 2016, passed by the learned Single Judge of the Bombay High Court, whereby the appeal filed by the respondent-Insurance Company challenging its liability to pay compensation was partly allowed and the

View Subscription Plans →