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Supreme Court of India 2019-04-09 dismissed

M/S ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD vs MANDALA YADAGARI GOUD

Bench: 3 — Sanjay Kishan Kaul, Sharad Arvind Bobde, Mohan M. Shantanagoudar

In Brief

In a fatal motor accident case involving a bachelor, the Supreme Court settled a key issue in compensation law: when calculating the multiplier to determine damages for loss of dependency, the deceased person's age should be used, not the age of the dependents. The Court found that both cross appeals—one by the insurance company seeking to lower compensation, and one by claimants seeking enhancement—lacked merit. The insurance company's argument that dependents' age should apply was rejected, while claimants' claim that future prospects should be raised from 50% to 40% was also dismissed as they had already received a reasonable amount.

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Motor Vehicles Act Compensation Tort Liability Insurance Law Fatal Accidents Multiplier Loss of Dependency

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