IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NOS.1108-1109  OF 2011

(Arising out of SLP(C) Nos.2575-2576/2010)

RAJESHWARI AND ORS.                        Appellant(s)

                    :VERSUS:

ORIENTAL INSURANCE COMPANY LTD. AND ANR.    Respondent(s)

O R D E R

Leave granted.

We have heard the learned counsel for the parties.

These appeals emanate from the judgment and order  

dated 17.3.2009 passed by the High Court of Uttarakhand  

at  Nainital  in  Appeal  From  Order  Nos.82/2007  and  

109/2007.  

The  short  question  which  falls  for  our  

consideration is whether in the facts and circumstances  

of the cases, the proper multiplier applied should be 16  

or 18.   

At  the  time  of  the  incident,  the  age  of  the  

deceased  was  26  years.  The  Motor  Accident  Claims  

Tribunal,  Kashipur,  while  calculating  the  amount  of  

compensation applied the multiplier of 18. The amount of  

compensation was reduced by the High Court by applying  

the multiplier of 16 in the impugned judgment.

-2-

As per the Second Schedule appended to the Motor  

Vehicles Act, 1988, for the age of the deceased above 25  

years but not exceeding 30 years, the multiplier given is  

18. The age of the deceased at the time of accident was  

26 years, therefore, appropriate multiplier should be 18.  

Consequently, the impugned judgment passed by the High  

Court is modified to this extent and the order of the  

Tribunal is restored.  

The entire balance amount of compensation, after  

adjusting the amount already paid, shall be paid to the  

appellants, within four weeks from today.   

With the aforementioned observation and direction,  

these appeals are disposed of.

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; January 28, 2011.