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2022 DIGILAW 750 (SC)

Ushakumari v. Reliance General Insurance Co. Limited

2022-05-05

S.ABDUL NAZEER, VIKRAM NATH

body2022
ORDER 1. Leave granted. 2. Challenge in this appeal is to the order passed by the High Court of Kerala at Ernakulam on 10th April, 2018 in MACA No. 2561 of 2014 holding that the respondents (appellants herein) were entitled to compensation of Rs.22,32,000/- (Rupees twenty two lakh thirty two thousand) with interest at the rate of 9% per annum from the date of petition till the date of actual payment. 3. Before the High Court the Insurance Company had questioned the judgment and Award passed by the Motor Accidents Claims Tribunal, Kollam (in short 'the Tribunal') on 28.06.2014 in OP(MV) No. 134 of 2012 whereby the Tribunal applied the multiplier of 13 and granted compensation of Rs.28,82,000/- with interest @ 9% p.a. from the date of filing of the petition till the date of realisation. 4. We have heard learned counsel for the parties and perused the record. 5. We are of the view that the High Court was not justified in reducing the compensation amount by dividing the multiplier of 13 into two parts i.e. upto the age of retirement, multiplier 8 and after the retirement for the lifetime, multiplier 5. In our considered opinion, the Tribunal was right in awarding compensation by applying the multiplier of 13. 6. Therefore, the judgment of the High Court is set aside and that of the Tribunal is restored. 7. The Insurance company is directed to deposit the compensation amount as awarded by the Tribunal within three months from today, before the Tribunal, after deducting the amount, if any, deposited earlier, to be released in favour of the claimants as apportioned by the Tribunal. 8. The appeal succeeds and is accordingly allowed. No orders as to cost.