Supreme Court of India · 2017-01-23
D.M.,ORIENTAL INSURANCE CO. LTD. vs SWAPNA NAYAK .
- Citation / case number
- SC 2013/6064
- Court
- Supreme Court of India
- Petitioner
- D.M.,ORIENTAL INSURANCE CO. LTD.
- Respondent
- SWAPNA NAYAK .
- Author
- Abhay Manohar Sapre
- Bench
- ABHAY MANOHAR SAPRE J. CHELAMESWAR
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding compensation under Section 166 of the Motor Vehicles Act, 1988, affirming the Tribunal's finding of negligence on the part of the truck driver. The Court confirmed the award of Rs.4,36,95,740/- to the claimants for the death of Mathurananda Nayak, while also addressing the claim for Jita Nayak with a lower compensation. The Court emphasized the application of the multiplier method in calculating compensation based on the deceased's income and age, ultimately dismissing the Insurance Company's appeal and allowing the claimants' appeal for enhancement.