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Supreme Court of India 2019-08-16 allowed

SUNITA TOKAS vs NEW INDA INSURANCE CO. LTD

Bench: 2 — Indu Malhotra, Sanjiv Khanna

In Brief

A 21-year-old trained swimmer died in a motor accident, leaving his parents as dependants. The lower courts had applied a multiplier of 15 based on the mother's age. The Supreme Court clarified that in motor accident death claims, the multiplier must always be based on the deceased's age, not the dependants' age—whether the deceased was married or a bachelor. For the 21-year-old deceased, a multiplier of 18 applied. The court also enhanced the notional income to Rs. 12,000 per month with 40% future prospects. The total compensation was enhanced to Rs. 20.64 lakh, an increase of Rs. 11.39 lakh from the High Court's award.

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Motor Vehicles Act Compensation Multiplier Loss of Dependency Motor Accident Claims

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