Tripura HC: Multiplier of 5 should be applied while granting compensation under Motor accident if deceased was aged more than 70 years

 According to the Pension Payment Order book, on the date of the accident, the age of the deceased was 78 years. So, in terms of the multiplier as made applicable under the table decided at Column No. (4) in Sarla Verma (supra), multiplier 5 is to be applied for the age group of 65 years and above, the same is taken on record. Accordingly, the first point of argument of Mr. Deb, learned counsel appearing for the appellant-Insurance Company is answered in favour of the claimants. Here the argument of Mr. Deb, learned counsel that in Sarla Verma (supra) multiplier 5(five) is allowed up to the age schedule 66 years to 70 years does not stand because the same was said the by Hon'ble Apex Court in the said Judgment in the context of other cases. Therefore, the age of the deceased 78 years is considered as per table 65 years and above and considered the case of the claimants accordingly as there is no restriction up to 70 years. The lifespan as per table can be beyond 70 years. Thus, the argument of the Insurance-counsel is rejected.  {Para 19}

 In the High Court of Tripura at Agartala

(Before T. Amarnath Goud, J.)

MAC App No. 07 of 2023

National Insurance Company Ltd. Vs  Sadhana Debnath and Others 

Decided on October 5, 2023, 

Citation: 2023 SCC OnLine Tri 846.

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Madras HC: Multiplier of 3 should be applied while granting compensation under Motor accident if deceased was aged more than 70 years

In this case, the deceased admittedly crossed 70 years. He was 71 years old at the time of his death. Therefore, the correct multiplier is only ‘3’ and not ‘5’. Likewise, the claimants are undoubtedly legal heirs of the deceased, but they are not dependants of the deceased financially. As submitted by the learned counsel for the appellant, 71 years old male member will have his own expenses peculiarly related to his age. Therefore, his financial need will certainly be between 1/3rd and 50%. So, 1/3rd has to be deducted towards his personal expenses from the notional income inclusive of future prospect. {Para 8}

 In the High Court of Madras

(Before G. Jayachandran, J.)

United India Insurance Company Ltd. Vs Mary Victoria and Others 

Civil Miscellaneous Appeal No. 1320 of 2016 and C.M.P. No. 10195 of 2016

Decided on August 27, 2020.

Citation: 2020 SCC OnLine Mad 16456.

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P& H HC: Multiplier of 4 should be applied while granting compensation under Motor accident if deceased was aged more than 70 years

Keeping in view the fact that nothing has been held in Sarla Verma's case (supra) declining the compensation in a case where deceased had been more than 70 years of age I adopt the multiplier of 4 to assess compensation in this case. 

IN THE COURT OF PUNJAB ABD HARYANA

 (Before Vijender Singh Malik, J.)

Kulwant Kaur v.  Harpreet Singh and ors. 

FAO No. 3997 of 2011 (O&M)

Decided on September 12, 2013.

Citation: 2013 SCC OnLine P&H 18959.

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Bombay HC: Multiplier of 5 should be applied while granting compensation under Motor accident if deceased was aged 71 years

The claimants no. 2 to 4 are major sons and daughter, therefore looking to the number of the claimants 1/4th is required to be deducted to self expenses hence loss of dependency comes to Rs.2250/-(Rupees two thousand two hundred fifty only) per month multiplied by 12 months comes to Rs.27000/-(Rupees twenty seven thousand only) per annum. Admittedly deceased was about 71 years old at the time of death, therefore, appropriate multiplier would be 5, hence compensation towards loss of dependency comes to Rs.135,000/-(Rupees one lakhs thirty five thousand only).

 IN THE HIGH COURT OF BOMBAY AT GOA

First Appeal No. 2 of 2012

Decided On: 30.01.2015

 Sumitra Dwarkanath Sirsat and Ors. Vs. Shivanand Hanumantappa Bisirotti and Ors.

Hon'ble Judges/Coram:

K.L. Wadane, J.

Citation: MANU/MH/0118/2015.

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