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
- Whether the multiplier for an unmarried deceased should follow the age of the deceased or the parents.
- What corrections and deposit directions were required in the two claims.
Held
- The relevant age for selecting the fatal-accident multiplier is the deceased’s age, not the dependants’ age. Bachelor status does not justify replacing that multiplier with one based on the parents. The Court applied the settled line of multiplier decisions. (¶¶ 2, 3, 4, 5)
- For Kartik Avlani, aged 23, the High Court’s reduction based on parental age was set aside and the Tribunal’s multiplier of 18 restored. The insurer was to pay the balance of the restored award with up-to-date interest after crediting prior payments and deposit it before the Tribunal within six weeks. (¶¶ 3, 6)
- For Nilesh Arun Patil, aged 28, the High Court judgment was modified only to replace its multiplier of 13 with the Tribunal’s multiplier of 17. The Tribunal was to recalculate the payable amount; the insurer must deposit the balance after adjustment of prior payments within six weeks. The High Court’s other reassessment was not reversed. (¶¶ 4, 7)
- The appeals were allowed and disposed of on these distinct corrective terms. (¶ 8)
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.