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november 2010

Supreme Court of India · 2010-11-18

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

Citation / case number
AIR 2011 SC (CIVIL) 67
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) from the deceased's monthly income while calculating compensation under the Motor Vehicles Act. The Court reaffirmed that batta should be included as it was a regular part of the deceased's earnings. The Court also found that the appropriate multiplier should be based on the age of the deceased's mother, rejecting the High Court's application of a lower multiplier. Consequently, the Court restored the Tribunal's compensation amount of Rs.5,12,000/- for loss of earnings, thereby overturning the High Court's reduction to Rs.2,60,000/-.

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