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november 2010

Supreme Court of India · 2010-11-11

Mohd. Ameeruddin & Anr vs United India Insurance Co. Ltd. & Anr

Court
Supreme Court of India
Petitioner
Mohd. Ameeruddin & Anr
Respondent
United India Insurance Co. Ltd. & Anr
Author
Aftab Alam
Bench
R.M. Lodha, Aftab Alam

Judgment text excerpt

The Supreme Court held that the High Court erred in excluding the daily allowance (batta) of Rs.50/- from the deceased's monthly income while calculating compensation under the Motor Vehicles Act. The Court reaffirmed the Tribunal's assessment of the deceased's monthly income at Rs.4,000/- and criticized the High Court's application of a multiplier of 13 instead of 16, as established in General Manager, Kerala State Road Transport Corporation v. Susamma Thomas (1994) 2 SCC 176. The Court restored the Tribunal's compensation amount of Rs.5,12,000/- for loss of earnings, thereby allowing the appeal of the claimants.

Mohd. Ameeruddin & Anr vs United India Insurance Co. Ltd. & Anr · Niyam