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2025 DAILYLAW 147546 (ALL)

SHRIRAM GENERAL INSURANCE CO.LTD. THRU. MANAGER LEGAL v. SMT. KIRAN and 5 OTHERS

FAFO/83/2017 · 2025-04-04

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18894 Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 83 of 2017 Appellant :- Shriram General Insurance Co.Ltd. Thru. Manager Legal Respondent :- Smt. Kiran And 5 Others Counsel for Appellant :- Dinesh Kumar Counsel for Respondent :- Alok Srivastava Ii,Brijesh Kumar Singh,Ramesh Chandra Pandey Hon'ble Abdul Moin,J. 1. Heard Shri Dinesh Kumar, learned counsel for the appellant and Shri B.K. Singh, learned counsel appearing for the respondents No.1 to 4. 2. Despite vakalatnama having being filed on behalf of respondent No.5 by Shri Ramesh Chandra Pandey and his name being indicated in the cause list, nobody has appeared on behalf of respondent No.5. 3. Notice is deemed sufficient on respondent No.6, however, nobody has put in appearance on behalf of respondent No.6. 4. Accordingly, the Court proceeds to hear and decide the matter finally. 5. The matter had been heard at length by this Court on 26.03.2024. A perusal of the order dated 26.03.2024 would indicate that the matter in issue is as to whether the learned Tribunal, while awarding the compensation, has correctly awarded the multiplier of "17". 6. Learned counsel for the appellant states that the learned Tribunal, while passing the impugned award dated 30.09.2016, has applied the multiplier of "17" rather the same should have been "16". 7. In this regard, learned counsel for the appellant has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another 2009 (2) T.A.C. 677 (S.C.) whereby the Hon'ble Supreme Court has held that with respect to the age of the deceased between 31 to 35, the multiplier should be 16. Thus, it is apparent that the learned Tribunal has patently erred in awarding compensation with the multiplier of "17" instead of "16" as per the judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma (supra). 8. Considering the aforesaid and the judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma (supra), the award of the learned Tribunal is modified to the extent that the multiplier for the calculation would be treated to be "16" instead of "17". The other calculations would be calculated accordingly. 9. The award dated 30.09.2016 passed by the learned Tribunal stands modified to the aforesaid extent. 10. The appeal stands disposed of accordingly. Order Date :- 4.4.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench