Supreme Court - Daily Orders
Rakesh Arora vs Bharti Axa General Ins. Co. Ltd. on 6 September, 2022
Bench: S. Abdul Nazeer, V. Ramasubramanian
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 6211 of 2022
(Arising out of S.L.P.(C)No(s).9701 of 2018)
RAKESH ARORA & ANR. …APPELLANT(S)
VERSUS
BHARTI AXA GENERAL INS.CO. LTD. …RESPONDENT(S)
ORDER
1. Leave granted.
2. This appeal is directed against the judgment and order dated 4 th September, 2017 passed by the High Court of Delhi in MAC. APP. 652/2016 whereby the High Court has reduced the compensation payable to the appellants/claimants from Rs.71,10,000/- to Rs.52,57,000/-.
3. One Vikas Arora, a bachelor aged 27 years old, died in a motor vehicle accident that occurred on 08.06.2013. His parents filed a claim petition before the Motor Accident Claims Tribunal, Dwarka Courts, New Delhi, seeking compensation on Signature Not Verified account of death of their son-Vikas Arora who was a chartered accountant by Digitally signed by DEEPAK SINGH Date: 2022.09.12 17:51:45 IST Reason: profession.
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4. On the basis of the materials placed on record, the Tribunal assessed his monthly income as Rs.45,000/-. After adding 50% towards future prospects and deducting 50% towards personal expenses and on application of multiplier ‘17’, the Tribunal awarded a total compensation of Rs.68,85,000/- towards loss of dependency. After adding compensation on other heads, a total of Rs.71,10,000/- was awarded.
5. However, in an appeal filed by the respondent-Insurance Company, the High Court applied multiplier ‘13’ by holding that the age of the mother of the deceased at the relevant point of time should have been taken into consideration.
6. The only contention of learned counsel for the appellants is that while applying the proper multiplier in the case of the death of a bachelor, the age of the deceased should be taken into consideration.
7. We are in full agreement with the submission of learned counsel for the appellants. It is now well-established that in the case of a bachelor, the choice of multiplier is to be determined by the age of the deceased and not by the age of the claimant/mother. The Tribunal, in our view, has rightly applied the multiplier ‘17’ and awarded compensation accordingly.
8. Having regard to the above, the judgment and order of the High Court, impugned herein, is set aside and the judgment in MACP No.205/13 passed by the Motor Accident Claims Tribunal, Dwarka Courts, New Delhi, is restored. The respondent-Insurance Company is directed to deposit with the Tribunal the compensation payable to the appellants/claimants within a period of four weeks from today after deducting the amount already deposited. 3
Accordingly, the appeal is allowed. No costs.
….……………………………J. (S. ABDUL NAZEER) ….……………………………J. (V. RAMASUBRAMANIAN) New Delhi;
September 6, 2022
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ITEM NO.14 COURT NO.4 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 9701/2018
(Arising out of impugned final judgment and order dated 04-09-2017 in MACA No. 652/2016 passed by the High Court of Delhi at New Delhi) RAKESH ARORA & ANR. Petitioner(s) VERSUS BHARTI AXA GENERAL INS. CO. LTD. Respondent(s) Date : 06-09-2022 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Mritunjay Kumar Sinha, AOR Ms. Vimal Sinha, Adv.
Mr. Rajesh Kumar, Adv.
Mr. Ankit Gupta, Adv.
Mr. Deep Shikha, Adv.
For Respondent(s) Mr. Navneet Kumar, Adv.
Mr. Saurabh Tiwari, Adv.
Mr. Parijat Kishore, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending Application, if any, also stand disposed of.
(NEELAM GULATI) (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)