ORIENTAL INSURANCE CO. Vs. MINI DEVADAS

JUDGEMENT

(1.) The common question arising in these appeals concerns the proper multiplier to be applied for assessing disability compensation in the case of a claimant who sustained injuries in a motor accident and later died from causes unrelated to the accident and injury. To be more precise, the issue is, whether in such cases the multiplier prescribed in Sarla Verma v. Delhi Transport Corporation [2010 (2) KLT 802 (SC)] should be applied, or whether the multiplier should be limited to the actual number of years the person lived.

(2.) In Cholamandalam General Insurance Company Ltd. v. Shailaja [2021 (3) KLT 371] this Court held that, though the Hon'ble Apex Court in Sarla Verma, prescribed a standard procedure with regard to the application of multiplier, the multiplier is not to be mechanically adopted when the injured person in a personal injury case dies pending the claim proceedings due to reasons unconnected with the accident.

(3.) When these matters came up for consideration before the learned Single Judge, entertaining a doubt as to the correctness of the decision in Shailaja (supra), made the reference.