RAJESHWARI AND ORS V/S ORIENTAL INSURANCE COMPANY LTD. AND ANR 28-01-2011

SUPREME COURT OF INDIA


(DALVEER BHANDARI & DEEPAK VERMA, JJ.)

RAJESHWARI AND ORS. Appellant(s)

VERSUS

ORIENTAL INSURANCE COMPANY LTD. AND ANR. Respondent(s)

Civil Appeal Nos.1108-1109 of 2011 (Arising out of SLP(C) Nos.2575-2576/2010)-Decided on

28-01-2011.

MACT – Multiplier

ORDER

1. Leave granted. We have heard the learned counsel for the parties. These appeals emanate from

the judgment and order dated 17.3.2009 passed by the High Court of Uttarakhand at Nainital in

Appeal From Order Nos.82/2007 and 109/2007. The short question which falls for our

consideration is whether in the facts and circumstances of the cases, the proper multiplier applied

should be 16 or 18. At the time of the incident, the age of the deceased was 26 years. The Motor

Accident Claims Tribunal, Kashipur, while calculating the amount of compensation applied the

multiplier of 18. The amount of compensation was reduced by the High Court by applying the

multiplier of 16 in the impugned judgment.

2. As per the Second Schedule appended to the Motor Vehicles Act, 1988, for the age of the

deceased above 25 years but not exceeding 30 years, the multiplier given is 18. The age of the

deceased at the time of accident was 26 years, therefore, appropriate multiplier should be 18.

Consequently, the impugned judgment passed by the High Court is modified to this extent and the

order of the Tribunal is restored. The entire balance amount of compensation, after adjusting the

amount already paid, shall be paid to the appellants, within four weeks from today. With the

aforementioned observation and direction, these appeals are disposed of.