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The principal of multiplier is applicable in case of 20% permanent disability incurred in a motor vehicle accident: Bombay High Court

The claimant is entitled to receive compensation by applying the principal of multiplier in addition to the compensation granted by the Hon’ble tribunal for the 20% permanent disability incurred during the motor vehicle accident, in addition, interest @7.5% on the whole amount from the date of institution of the claim till the realization such an opinion was given by the Hon’ble Bombay High Court before Hon’ble Justice V. M. DESHPANDE in the case of The Oriental Insurance Co. Ltd. vs Rameshwar Daulatrao Shinde [FIRST APPEAL NO.354/2010].

The facts of the case were related to a judgment passed by learned Member, Motor Accident Claims Tribunal, Akola dated 08.12.2009 in M.A.C.P. No.233/2004. The appellant was a  Sectional Engineer who while proceeding for his official duty via motorcycle he met an accident with a tractor who was duly insured by the respondent insurance company. As a result of the accident, the petitioner incurred several injuries along with a 20% permanent disability.

The Hon’ble High Court was of the view that the learned Tribunal was erroneous in its judgment and award by reason of not applying the principal of multiplier and not granting interest.

Furthermore, the Hon’ble High Court also held “The appellant will be entitled to receive compensation as granted by learned Member, Motor Accident Claims Tribunal, Akola. In addition to that, the appellant will be entitled to Rs.1,09,200/- and also interest at the rate of 7.5% per annum on the amount ready deposited. In addition to that, interest on Rs.1,09,200/- from the date of petition till its realization.

Click here to read the judgment.

Judgment Reviewed by: Rohan Kumar Thakur

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