Age of the deceased and not such of the dependents in case of the death of a bachelor which is basis for the multiplier in MACT Cases: Supreme Court

Age of the deceased and not such of the dependents in case of the death of a bachelor which is basis for the multiplier in MACT Cases: Supreme Court

The Division Bench of Justice Ravindra Bhat and Sudhanshu Dhulia of the Supreme Court relying on the judgment of M/s Royal Sundaram Alliance Insurance Company Ltd. Vs. Mandala Yadagari Gour & Ors. reported in (2019) 5 SCC 554, ruled that "age of the deceased and not such of the dependents in case of the death of a bachelor which is to be the basis for the multiplier. At the same time the Supreme Court also granted relief to the claimant in the light of the 5 judges bench judgment of the Supreme Court passed in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680 and granted 40% of the compensation determined on account of future prospects. 

The Supreme Court passed this order hearing an appeal against the order of the High Court of Delhi which reduced the multiplier to 9 having regard to the age of the surviving mother who was the deceased's mother. The Tribunal had taken a multiplier of 18 in the facts and circumstances of the case. The Supreme Court observed that the High Court overlooked the judgment of Pranay Sethi and passed the impugned order.

Case Details:-

CIVIL APPEAL NOs. 7025-7026 OF 2022
GIASI RAM AND ANR.     ...Appellant(s)
VERSUS
ICICI LOMBARD GENERAL INSURANCE CO. LTD. & ORS.     ...Respondent(s)

Read the Complete order on the link below:-

https://main.sci.gov.in/supremecourt/2018/34353/34353_2018_6_2_38756_Order_29-Sep-2022.pdf 

 

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