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2022 DIGILAW 661 (MAD)

Branch Manager, The National Insurance Company Ltd. v. Abdul Samad

2022-03-14

N.SATHISH KUMAR, R.SUBRAMANIAN

body2022
JUDGMENT : PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, against the fair and decreetal order dated 16.09.2019 made in M.C.O.P.No.110 of 2016 on the file of the Motor Accident Claims Tribunal(Principal District Judge/Additional District Judge (Addl. Charge) Ramanathapuram. The only ground on which the appellant seeks to challenge the award is that the Tribunal ought to have applied split multiplier since the deceased is aged about 55 years at the time of accident. 2. Though Mr.S.Srinivasa Raghavan, learned counsel appearing for the appellant/Insurance Company, would vehemently contend that split multiplier should have been applied in this case, unfortunatey for him, the Honourable Supreme Court of India in R.Valli & Others v. Tamil Nadu State Transport Corporation Ltd., reported in 2022 SAR(Civ) 263, had held that the multiplier suggested by the Supreme Court in National Insurance Company Limited v. Pranay Sethi & Others reported in 2018 SAR (Civ) 81, cannot be changed under any circumstances. In coming to the said conclusion, the Honourable Supreme Court has observed as follows: “11. Thus, we find that the method of determination of compensation applying two multipliers is clearly erroneous and run counter to the judgment of this Court in Pranay Sethi, affirming the judgment in Sarla Verma. Since the deceased was 54 years of age on the date of incident, therefore, the suitable multiplier would be 11 as per the judgment of this Court in Sarla Verma approved by this Court in Pranay Sethi.” 3. Therefore, the sole ground that urged by the appellant/Insurance Company, is covered by the decision of the Honourable Supreme Court of India against the appellant/Insurance Company. 4. Therefore, this Civil Miscellaneous Appeal fails and is accordingly dimissed. No Costs. Consequently, connected Miscellaneous Petition is closed. 5. The appellant/Insurance Company is directed to depoist the entire award amount with accrued interest and cost, to the Credit of M.C.O.P.No.110 of 2016, on the file of the Motor Accidnet Claims Tribunal (Principal District Judge/Additional District Judge(Addl. Charge), Ramanathapuram, within a period of eight weeks from the date of receipt of copy of this judgment.