Supreme Court of India
Pushpa & Ors vs National Insurance Co.Ltd.& Anr on 3 December, 2010
Equivalent citations: AIR 2011 SUPREME COURT 1165, 2010 (15) SCC 140, 2011 AIR SCW 3935, 2011 AAC 880 (SC), 2011 (4) AIR JHAR R 521, AIR 2011 SC (CIVIL) 609, (2011) 4 CGLJ 5, (2011) 1 ORISSA LR 537, (2011) 2 ACC 561, (2011) 3 ACJ 2140, (2011) 111 CUT LT 769(1), (2011) 3 ALLMR 452 (SC), (2011) 4 TAC 936, 2013 (2) SCC (CRI) 165
Bench: Deepak Verma, Dalveer Bhandari
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 10271-10272 OF 2010
(Arising out of SLP(C) Nos.7114-7115/2009)
PUSHPA AND ORS. Appellant(s)
:VERSUS:
NATIONAL INSURANCE COMPANY LTD. AND ANR. Respondent(s)
O R D E R
Delay condoned.
Leave granted.
We have heard the learned counsel for the parties.
The short question which falls for our consideration in these appeals is whether in the facts and circumstances of the cases, the proper multiplier applied should be 12 or 16.
According to the Second Schedule appended to the Motor Vehicles Act, 1988, for the age of the deceased not exceeding 40 years, the multiplier given is 16. Accordingly, we direct that the compensation shall be calculated applying the multiplier of 16 and the impugned judgment is modified to this extent.
-2- The entire amount of compensation, after adjusting the amount already paid, shall be paid to the appellants, with interest at the rate of 7% per annum, within two months from today.
With the aforementioned observation and direction, these appeals are disposed of.
.....................J (DALVEER BHANDARI) .....................J (DEEPAK VERMA) New Delhi;
December 3, 2010.