The division judge bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia of the apex court in the case of Roopwati & Ors Vs Ram Kishan & Ors increased the compensation on the opinion that the multiplier should have been thirteen instead of nine and the Tribunal was wrong in not granting any amount toward the future prospects.
BRIEF FACTS
The factual matrix of the case is that the deceased was riding a three-wheeler and that three-wheeler was insured with respondent no. 3 (IFFCO TOKIO General Insurance Company LTD.) During the journey, the vehicle was toppled and resulting in grievous injuries to the body of the deceased, and thereafter, the deceased succumbed to injuries the next day. The claim petition was filed on his behalf by his wife, his son, and his mother. The Tribunal was of the opinion that the accident did occur due to the rash and negligent driving by the driver of the three-wheeler. The vehicle was insured with respondent no.3 insurance company and the liability was fixed on the insurance company by the Tribunal. Thereafter, the decision of the tribunal was appealed before the High Court.
The high court increased compensation on the opinion that the multiplier should have been thirteen instead of nine and the Tribunal was wrong in not granting any amount toward the future prospects. Furthermore, the High Court increased the compensation awarded to Rs. 6,55,000/- with the amount to be given at the 7.5 % interest. The change of multiplier was granted by the High Court as the age of the deceased was wrongly recorded as 60 and was found to be 50 years, based on scientific evidence. The High Court has also increased the rate of interest from 7% to 7.5%.
COURT’S OBSERVATION
The hon’ble apex court held that the high court has committed no error in awarding the compensation and no interference is to be made in the decision of the high court.
CASE NAME- Roopwati & Ors Vs Ram Kishan & Ors
CITATION- CIVIL APPEAL NO. 6818 OF 2022
CORUM- Justice Hemant Gupta and Justice Sudhanshu Dhulia
DATE-14.10.22
Read Judgment ;
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