VidhiSangh

Supreme Court of India · 08/12/2021

RASMITA BISWAL & ORS. versus DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD. AND ANR.

[2021] 9 S.C.R. 433 · 2021 INSC 844

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Summary

The Court enhanced motor-accident death compensation to Rs 31,01,000 after rejecting an unexplained appellate reduction. It accepted the proved monthly salary of Rs 15,000 and age thirty-three, applied multiplier sixteen and a 40% future-prospects addition, and retained the one-fourth personal-expense deduction used in the case. The balance over the High Court’s award was payable with 7.5% interest. The Court separately requested examination of specialised appellate tribunals as a legislative proposal; it did not establish them or replace existing appeals.

Issues

  1. Whether the High Court could reduce compensation without reasoned reassessment.
  2. What compensation followed from the proved income, age and applicable future-prospects principles.

Provisions considered

Held

Result

Appeal disposed of without costs; compensation fixed at Rs 31,01,000. Insurer to deposit the additional Rs 14,01,000 with 7.5% interest from the claim petition to realisation within eight weeks, for distribution in the Tribunal’s prescribed proportions.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 433.