VidhiSangh

Supreme Court of India · 12/03/2024

HARESH SHANTILAL AVLANI & ANR versus THE NEW INDIA ASSURANCE CO. LTD.

[2024] 3 S.C.R. 1009 · 2024 INSC 251

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Summary

In fatal motor-accident compensation claims, the deceased’s age governs the multiplier even when the deceased was unmarried and the dependants are parents. The High Court had wrongly substituted parental-age multipliers. For the deceased aged 23, the Tribunal’s multiplier of 18 and award were restored. In the second claim, concerning a deceased aged 28, the multiplier was restored from 13 to 17 while retaining the other appellate reassessment. Insurers were directed to deposit the adjusted balances within six weeks.

Issues

  1. Whether the multiplier for an unmarried deceased should follow the age of the deceased or the parents.
  2. What corrections and deposit directions were required in the two claims.

Held

Result

Appeals allowed on the specified terms. Multiplier 18 and the Tribunal award restored in the first claim; multiplier increased from 13 to 17 in the second, requiring recalculation. Adjusted balances to be deposited within six weeks, with up-to-date interest as directed.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 1009.