Will the Supreme Court reappreciate concurrent findings on whether a claimant was the legally wedded wife?
Coram: Justice S.V.N. Bhatti · Justice N.V. Anjaria
No. Where the Tribunal and the High Court have appreciated the oral and documentary evidence and concurrently found that the claimant was not the legally wedded wife, that finding of fact is not reappreciated; compensation is awarded as just and fair, so that what is due is not denied and what is undeserving is not awarded.
Motor accident compensation — Multiplier — Age of the deceased — Apportionment of compensation — Motor accident compensation — Multiplier — Age of the deceased, not the dependents — Held: The multiplier in a motor accident claim is determined by the age of the deceased, not by the age of the dependents. For a deceased aged 33, the standardised matrix places the 31 to 35 bracket at a multiplier of 16. (¶13, 14) Motor accident compensation — Apportionment — Concurrent findings of fact — Held further: Concurrent findings of the Tribunal and the High Court that the claimant was not the legally wedded wife are not reappreciated in appeal. Compensation is awarded as just and fair without mathematical precision; appeals dismissed. (¶15, 16)
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