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july 2007

Supreme Court of India · 2007-07-10

NEW INDIA ASSURANCE COMPANY LTD. vs SHANTI PATHAK .

Citation / case number
SC 2005/16698
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE COMPANY LTD.
Respondent
SHANTI PATHAK .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT P.K. BALASUBRAMANYAN & D.K. JAIN

Judgment text excerpt

The Supreme Court upheld the award of compensation under Section 173 of the Motor Vehicles Act, 1988, affirming the Tribunal's decision to apply a multiplier of 17 based on the deceased's age. The Court rejected the appellant's argument that the multiplier should be based on the claimants' age, emphasizing that the deceased's age is the relevant factor. The Court ultimately modified the compensation amount to Rs.2,10,000 with interest at 7.5% per annum from the date of the application, adjusting for any payments already made.

NEW INDIA ASSURANCE COMPANY LTD. vs SHANTI PATHAK . · Niyam