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Documents citing New India Assurance Co. Ltd vs Smt. Satvinder Kaur & Anr on 2 April, 2012

Shyam Industries vs National Insurance Co. Ltd. on 10 March, 2022

In New India Assurance Co. Ltd. Vs. Smt.Satvinder Kaur & anr.(supra) Hon'ble NCDRC held that for insurance claim cause of action subsists till the repudiation of claim exists therefore, contention of limitation has no force which is not disputed but here in the present case insurer has repudiated the claim vide letter dated 1.4.2014 therefore, the period given by the learned DCC starts for filing second complaint from 1.4.2014 while the complaint was filed on 13.10.2014 i.e. after more than five months therefore, this judgment help the appellant in this matter. Since it is settled law that once limitation starts it does not stop. In the present case the limitation started on 16.4.2010. Thereafter only one month's time was given by the learned DCC but the second complaint was filed after more than five 9 months that too without any application for condonation of delay. Considering all these facts learned DCC dismissed the complaint which does not require any intereference.
State Consumer Disputes Redressal Commission Cites 3 - Cited by 0 - Full Document

Parameshvaraiah vs The Manager on 22 December, 2020

43. As stated above, petitioner No.1 and 2 are parents and petitioner No.3 is sister of the deceased. As such petitioner N0.1 and 2 are entitled for filial consortium, as the filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child 25 SCCH-18 MVC 5314/2019 during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit. I rely the judgment of Hon'ble Apex Court observed in Civil Appeal No.2705/2020 in case of United India Insurance Co.Ltd., Vs. Satinder Kaur @ Satvindar Kaur and others, DD on 30.06.2020. Therefore, petitioner No.1 and 2 are entitled for Rs.40,000/- each under the head of Filial consortium.
Bangalore District Court Cites 12 - Cited by 0 - Full Document

M/S Saluja Motors Private Limited vs 1. Gajender Singh on 13 September, 2013

Similar principle of law, was laid down, in New India Assurance Co. Ltd Vs. Smt. Satvinder Kaur and Anr., Revision Petition No.3532 of 2007 and New India Assurance Co. Ltd. Vs. Smt. Bhupinder Kaur and Anr., Revision Petition No.3533 of 2007, decided on 02.04.2012, by the National Consumer Disputes Redressal Commission, New Delhi. Under these circumstances, it is held that the Consumer Complaint filed by the complainant, was not barred by time. The submission of the Counsel for the appellants/Opposite Parties No.1 and 2, in both the appeals, therefore, being devoid of merit, must fail, and the same stands rejected.
State Consumer Disputes Redressal Commission Cites 15 - Cited by 1 - Full Document

Smt.Prabhavathi vs Sri.Srinivas on 23 December, 2020

43. As stated above, petitioner No.1 is wife and petitioner No.2 to 4 children of the deceased. As such petitioner No.1 is entitled for spousal consortium and petitioner No.2 to 4 are entitled for filial consortium, as the filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit. I rely the judgment of Hon'ble Apex Court observed in Civil Appeal No.2705/2020 in case of United India Insurance Co.Ltd., Vs. Satinder Kaur @ Satvindar Kaur and others, DD on 30.06.2020. Therefore, 22 SCCH-18 MVC 6064/2017 petitioner No.1 to 4 are entitled for Rs.40,000/- each under the head of Spouse and Filial consortium.
Bangalore District Court Cites 8 - Cited by 0 - Full Document

Smt. Kanta Barela vs Ramdayal on 11 November, 2022

Shri Nitin Gupta, appearing for the claimants supports the award. In connected appeal (M.A.No.3436/2019) Shri Nitin Gupta submits that learned Tribunal while passing the award has arbitrarily taken income at Rs.6,339/-, whereas minimum wages on the date of accident were to the tune of Signature Not Verified SAN Rs.6,850/- per month. It is also submitted that Tribunal has not awarded any Digitally signed by ANURAG SONI amount under the head of future prospects and also no amount is awarded Date: 2022.11.18 18:29:19 IST 5 under the head of loss of parental consortium to the children in the light of judgments of Supreme Court in United India Insurance Company Ltd. Vs. Satvindar Kaur @ Satwinder Kaur 2020 SCC Online SC 410 & Magma General Insurance Company Limited Vs. Nanu Ram Alias Chuhru Ram, (2018) 18 SCC 130.
Madhya Pradesh High Court Cites 5 - Cited by 0 - V Agarwal - Full Document

National Insurance Co. Ltd. vs Smt Kanta Barela on 11 November, 2022

Shri Nitin Gupta, appearing for the claimants supports the award. In connected appeal (M.A.No.3436/2019) Shri Nitin Gupta submits that learned Tribunal while passing the award has arbitrarily taken income at Rs.6,339/-, whereas minimum wages on the date of accident were to the tune of Signature Not Verified SAN Rs.6,850/- per month. It is also submitted that Tribunal has not awarded any Digitally signed by ANURAG SONI amount under the head of future prospects and also no amount is awarded Date: 2022.11.18 18:29:12 IST 5 under the head of loss of parental consortium to the children in the light of judgments of Supreme Court in United India Insurance Company Ltd. Vs. Satvindar Kaur @ Satwinder Kaur 2020 SCC Online SC 410 & Magma General Insurance Company Limited Vs. Nanu Ram Alias Chuhru Ram, (2018) 18 SCC 130.
Madhya Pradesh High Court Cites 5 - Cited by 0 - V Agarwal - Full Document

The New India Insurance Company Ltd. vs Smt. Sumitra Choudhary on 18 November, 2022

As far as aspect of income tax is concerned, that has an appeal. On the date of the accident i.e. 03/09/2010 for the financial year 2010-11 and assessment year 2011-12 income up to Rs.1,60,000/- is exempted from payment of income tax and thereafter from Rs.1,60,001/- to Rs.5,00,000/-, 10% income tax is payable. Over the calculated income tax 3% income tax surcharge is payable. Tribunal has considered income of the deceased at Rs.16,983/- per month or Rs.2,03,796/- per annum. Since first Rs.1,60,000/- is exempt from income tax, therefore, income tax including cess deductible will be Rs.4,511/-. Thus, when this income tax is reduced, then after permissible deductions net dependency comes out to Rs.1,86,325/-. Since deceased was having a fixed regular income, 50% as has been added by the Tribunal is to be added taking total dependency to Rs.2,79,487.50. Out of this 1/4th is to be deducted towards living expenses of the deceased, leaving net dependency to Signature Not Verified SAN Rs.2,09,616/- and when multiplier of 16 is applied total pecuniary compensation Digitally signed by ANURAG SONI comes out to Rs.33,53,856/-, over and above which a sum of Rs.70,000/- is Date: 2022.11.18 18:29:18 IST payable under the head of last rites, loss of estate and loss of consortium to the 5 wife. Besides this two of the children are entitled to a sum of Rs.80,000/- under the head of loss of love and affection in the light of law laid down by Supreme Court in the case of United India Insurance Company Ltd. vs. Satvindar Kaur @ Satwinder Kaur [2020 SCC Online SC 410]. Learned Tribunal has also awarded a sum of Rs.7,937/- under the head of treatment. Thus, total compensation will comes out to Rs.35,11,793/- against a sum of Rs.34,63,000/- awarded by the learned Claims Tribunal. Thus, there will be addition of Rs.48,793/-, to which claimants will be entitled to, but this additional amount will not fetch interest for a period of five year i.e. the period of delay in filing the appeal and will carry interest @ 6% except for this period of five years for the remaining period till the date of actual payment. Other terms and condition of the award shall remain intact.
Madhya Pradesh High Court Cites 3 - Cited by 0 - V Agarwal - Full Document

Smt. Sumitra Choudhary vs Nirmal Singh on 18 November, 2022

As far as aspect of income tax is concerned, that has an appeal. On the date of the accident i.e. 03/09/2010 for the financial year 2010-11 and assessment year 2011-12 income up to Rs.1,60,000/- is exempted from payment of income tax and thereafter from Rs.1,60,001/- to Rs.5,00,000/-, 10% income tax is payable. Over the calculated income tax 3% income tax surcharge is payable. Tribunal has considered income of the deceased at Rs.16,983/- per month or Rs.2,03,796/- per annum. Since first Rs.1,60,000/- is exempt from income tax, therefore, income tax including cess deductible will be Rs.4,511/-. Thus, when this income tax is reduced, then after permissible deductions net dependency comes out to Rs.1,86,325/-. Since deceased was having a fixed regular income, 50% as has been added by the Tribunal is to be added taking total dependency to Rs.2,79,487.50. Out of this 1/4th is to be deducted towards living expenses of the deceased, leaving net dependency to Signature Not Verified SAN Rs.2,09,616/- and when multiplier of 16 is applied total pecuniary compensation Digitally signed by ANURAG SONI comes out to Rs.33,53,856/-, over and above which a sum of Rs.70,000/- is Date: 2022.11.18 18:29:19 IST payable under the head of last rites, loss of estate and loss of consortium to the 5 wife. Besides this two of the children are entitled to a sum of Rs.80,000/- under the head of loss of love and affection in the light of law laid down by Supreme Court in the case of United India Insurance Company Ltd. vs. Satvindar Kaur @ Satwinder Kaur [2020 SCC Online SC 410]. Learned Tribunal has also awarded a sum of Rs.7,937/- under the head of treatment. Thus, total compensation will comes out to Rs.35,11,793/- against a sum of Rs.34,63,000/- awarded by the learned Claims Tribunal. Thus, there will be addition of Rs.48,793/-, to which claimants will be entitled to, but this additional amount will not fetch interest for a period of five year i.e. the period of delay in filing the appeal and will carry interest @ 6% except for this period of five years for the remaining period till the date of actual payment. Other terms and condition of the award shall remain intact.
Madhya Pradesh High Court Cites 3 - Cited by 0 - V Agarwal - Full Document
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