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Legal Manager vs Smt. Smitha on 28 September, 2020

Further, in view of the law declared by the Hon'ble Supreme Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED v. SOMWATI AND OTHERS reported in 2020 SCC ONLINE 720, Rs.40,000/- each is awarded towards filial consortium for two minor claimants and Rs.40,000/- is awarded as parental consortium and 11 accordingly, the claimants are entitled for total compensation of Rs.49,28,781/- as against Rs.37,35,545/- awarded by the Tribunal. Hence, the following order:
Karnataka High Court Cites 10 - Cited by 0 - S Sujatha - Full Document

C M Vinutha vs Sri Shivakumara Swamy on 23 November, 2020

In that view of the matter, by following the guidelines laid down by the Hon'ble Apex Court in Somwati's case, we would deem it fit to award Rs.40,000/- to the wife/claimant No.1 towards spousal consortium, Rs.40,000/- to the mother/claimant No.2 towards filial consortium and Rs.30,000/- towards loss of estate and funeral expenses. To this limited extent, the compensation determined by the Tribunal stands modified. Hence, the total compensation re- determined by this Court works out to Rs.18,23,600/- as against Rs.17,84,000/- awarded by the Tribunal.
Karnataka High Court Cites 3 - Cited by 0 - S Sujatha - Full Document

United India Insurance Co. Ltd. vs Smt. G B Roopini on 8 September, 2020

In terms of Pranay Sethi supra, and United India Insurance Company Limited Vs. Satinder Kaur @ Satwinder Kaur and others [2020 SCC Online SC 410] as well as New India Assurance Company Limited Vs. Somwati and others [2020 SCC Online SC 720], under the conventional heads, the claimants are entitled to the compensation of Rs.15,000/- towards loss of estate, Rs.40,000/- towards spousal consortium, Rs.80,000/- (Rs.40,000/- to each minor child) towards parental consortium and Rs.15,000/- towards funeral
Karnataka High Court Cites 4 - Cited by 0 - S Sujatha - Full Document

Farzana Begum W/O Late Abdul Rasheed And ... vs Sri Sampath Raj Jain S/O Babulal Jain And ... on 9 October, 2020

9. Under the conventional heads, learned Tribunal has awarded a compensation of Rs.40,000/-. By taking cognizance of the development of law regarding award of compensation under the 9 conventional heads from Pranay Sethi's (supra) decision to the decision in New India Assurance Company Limited Vs. Somwati & Others reported in 2020 SCC OnLine SC 720, we are of the considered opinion that separate award of Rs.40,000/- each has to be made under two heads viz., spousal consortium and parental consortium. Further under the head of loss of estate and funeral expenses a sum of Rs.30,000/- is required to be awarded. Learned Tribunal has already awarded a sum of Rs.40,000/-. The claimants are entitled to enhanced compensation of Rs.1,10,000/- under conventional heads. Thus, the claimants are entitled to total compensation of Rs.7,90,526/- and it shall carry same rate of interest as was awarded by the learned Tribunal below. The appeal is required to be allowed to the said extent. Hence, the following:
Karnataka High Court Cites 3 - Cited by 0 - S S Yadav - Full Document

National Insurance Company Limited vs Shakila A Shetty on 13 October, 2020

In terms of the dictum of the Hon'ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi and others ((2017)16 SCC 680) and Somwati, supra, the claimants are entitled to compensation of Rs.40,000/- towards loss of spousal consortium; Rs.80,000/- towards loss of parental consortium (Rs.40,000/- to each minor child); Rs.40,000/- towards loss of filial consortium; Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses.
Karnataka High Court Cites 6 - Cited by 0 - S Sujatha - Full Document
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