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Rajasthan High Court · body

2011 DIGILAW 2433 (RAJ)

Sunita Sharma v. Vipin Chand

2011-11-14

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been preferred by claimants-appellants on sole ground that multiplier of 16 rather 15 should have been applied in present case because age of deceased at the material time was 40 years. 2. Learned counsel for appellants has argued that age of deceased, as mentioned in postmortem report, was 40 years and, as per second schedule appended to the Motor Vehicles Act, 1988, for the age group of 36-40 years, the multiplier of 16 is applicable. 3. I am not inclined to uphold that contention because second schedule appended to the Act of 1988 is essentially meant to be applied to claim petitions filed under Section 163A of the Act of 1988. The Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another – (2009) 6 SCC 121, has provided guidelines for applicability of correct multiplier and for the age group 36-40 the multiplier that has been held to be applicable is 15. I do not find any infirmity in the award. The appeal is accordingly dismissed.