Tripura High Court
Party Name : New India Assu. Co. Ltd vs Sankar Nandi & 2 Ors on 9 January, 2017
Author: T. Vaiphei
Bench: T. Vaiphei
Case No :MAC App. 0000073/2014 Party Name : NEW INDIA ASSU. CO. LTD Vs SANKAR NANDI & 2 ORS THE HONBLE THE CHIEF JUSTICE T. VAIPHEI 09.01.2017. Having heard Mr. P. Chakraborty, the learned counsel for the insurance company and Mr. S. Adhikari, the learned counsel for the claimant-respondents, in view of the decision of the Apex Court
in Sarla Verma & others v. Delhi Transport Corporation & another, [AIR 2009 SC 3104], this appeal should not have been preferred at the first instance inasmuch as the Tribunal has rightly adopted the multiplier of 18, which is in accordance with the law laid down by the Apex Court in Sarla Verma case.
The facts leading to the filing of the appeal are that on 02.12.2012 at about 8 a.m. while the deceased (Ashis Nandi) was proceeding towards rice mill at Kakraban Bazar riding his bicycle loaded with paddy for husking, a truck bearing registration No.TR-01-K-1680 coming from Kakraban side in rash and negligent manner knocked him down which resulted in grievous injuries on his head. He succumbed to his injuries on the same day.
As per the finding of the Tribunal, the deceased used to earn a sum of `4,000/- per month as income. The learned counsel for the appellant does not raise any issue on this behalf and, as such, the finding of the income of the deceased at `4,000/- per annum does not require the interference of this Court.
As far as the adoption of multiplier of 18 by the Tribunal is concerned, it is true that in the Second Schedule to the Motor Vehicles Act, 1988, it is prescribed that a multiplier of 16 shall have to be adopted for the victim of a vehicular accident whose age is between 15 and 20 years. However, as noted earlier, the Apex Court in Sarla Verma case (supra) has modified the multiplier to 18. Since, this is the law laid down by the Apex Court, this is binding upon this Court under Article 142 of the Constitution of India.
Resultantly, the impugned award does not warrant the interference of this Court. The appeal is, accordingly, dismissed. The appellant is, therefore, directed to deposit the entire awarded amount, if not already deposited, together with the interest accrued thereon to the Registry of this Court within 2(two) months from the date of receipt of this order. As and when the amount is deposited, the same shall be released to the claimants without further reference from this Court and after satisfying the usual conditions. Transmit the L/C record forthwith.
Download Date: 8-05-2017 15:05 1/1