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SMT. SUNITA TOKAS & ANR. vs. NEW INDIA INSURANCE CO. LTD. & ANR.

SCR Citation: [2019] 10 S.C.R. 616
Year/Volume: 2019/ Volume 10
Date of Judgment: 16 August 2019
Petitioner: SMT. SUNITA TOKAS & ANR.
Disposal Nature: Appeal Allowed
Neutral Citation: 2019 INSC 912
Judgment Delivered by: Hon'ble Ms. Justice Indu Malhotra
Respondent: NEW INDIA INSURANCE CO. LTD. & ANR.
Case Type: CIVIL APPEAL /6339/2019
Order/Judgment: Judgment
1. Headnote

Motor Vehicles Act, 1988: s.166 – Multiplier in case of a bachelor – Appellants are parents of the victim-deceased – The case of the appellants was that on the fateful day, victim-deceased was travelling as a pillion rider of a two-wheeler – The two-wheeler dashed against stationary truck standing in the middle of the road– Both the driver and the pillion rider died on the spot – Victim deceased was 21 years old at the time of accident – MACT assessed notional income of the deceased at Rs.16246 p.m. and a multiplier of 15 based on the age of mother of the deceased and accordingly determined compensation – High Court reduced compensation by assessing notional income of the deceased at Rs.7500 p.m. – Appeal by parents of the deceased for enhancement of compensation –Held: Multiplier is to be applied on the basis of the age of the deceased, and not on the basis of the age of the dependants – In the instant case, since the deceased was 21 years old, the Multiplier would be 18 as per the table set out in the Sarla Verma case – Further,High Court erred in reducing the notional income of the deceased from Rs. 16,246/- as awarded by the MACT to Rs. 7,500/- – The deceased was a trained swimmer who had won several State-level competitions and certainly had the potential to earn a living by utilizing his skills – In such circumstances, notional monthly income of the deceased fixed at Rs. 12,000/- – Further, addition of Future Prospects made at 40% of the notional income of the deceased, as per the judgment of the Constitution Bench in Pranay Sethi – The amounts awarded by the High Court under the heads of loss of love and affection, loss of estate, funeral expenses, and the Interest awarded by the MACT, are however, maintained.

2. Case referred
3. Act
  • Motor Vehicles Act, 1988 (59 of 1988)
4. Keyword
  • Motor Vehicles Act
  • 1988
  • s.166
  • Multiplier in case of a bachelor
5. Equivalent citation
    Citation(s) 2019 AIR 3921 = 2019 (8) JT 264 = 2019 (8) Suppl. JT 264 = 2019 (11) SCALE 24