PUSHPA vs. NATIONAL INSURANCE CO.LTD.

Case Type: Civil Appeal

Date of Judgment: 03-12-2010

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Full Judgment Text

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.