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november 2009

Supreme Court of India · 2009-11-24

Baby Radhika Gupta & Ors vs Oriental Insurance Co. Ltd. & Ors

Court
Supreme Court of India
Petitioner
Baby Radhika Gupta & Ors
Respondent
Oriental Insurance Co. Ltd. & Ors
Bench
A.K. Patnaik, Dalveer Bhandari

Judgment text excerpt

The Supreme Court modified the Delhi High Court's judgment regarding compensation under the Motor Vehicles Act, 1988, holding that the correct multiplier for calculating loss of dependency for a deceased aged 32 years is 17, not 14 as previously applied. The Court established that one-third should be deducted for personal expenses instead of two-thirds, resulting in a revised compensation amount of Rs. 13,40,892/-, along with additional amounts for future prospects, funeral expenses, and loss of love and affection. The Insurance Company was directed to pay the revised amount with interest at nine percent per annum.

Baby Radhika Gupta & Ors vs Oriental Insurance Co. Ltd. & Ors · Niyam