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Documents citing National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017

Smt. Anita And Ors. vs Iffco Tokio General Insurance Co. ... on 13 December, 2021

Considering the aforesaid facts as also the reasons recorded hereinabove, the award of the Tribunal dated 18.12.2018, so far it relates to grant of compensation towards future prospects and under conventional heads, such as, loss of estate, loss of consortium and funeral expenses etc. is concerned, in view of this Court, is not in consonance with the judgment passed by the Hon'ble Apex Court in the cases of Pranay Sethi (supra) and Smt. Somwati (supra) as also Rule 220-A of the Rules of 1998 as also the law laid down by the Hon'ble Apex Court in the judgment passed in the case of Kirti & Another vs. Oriental Insurance Company Limited reported in (2021) 2 SCC 166. Accordingly, this Court holds that the claimants-appellants are entitled to compensation towards future prospects and enhancement under conventional heads, such as, loss of estate, loss of consortium and funeral expenses etc. In regard to rate of interest, for the reasons recorded by the Tribunal, this Court is not inclined to interfere in the rate of interest awarded by the Tribunal i.e. 6% per annum.
Allahabad High Court Cites 29 - Cited by 0 - S Lavania - Full Document

Jiuti Devi And 3 Others vs Manoj Kumar Rai And 2 Others on 13 January, 2022

63. At this stage, we consider it necessary to provide uniformity with respect to the grant of consortium, and loss of love and affection. Several Tribunals and High Courts have been awarding compensation for both loss of consortium and loss of love and affection. The Constitution Bench in Pranay Sethi (supra), has recognized only three conventional heads under which compensation can be awarded viz. loss of estate, loss of consortium and funeral expenses.
Allahabad High Court Cites 16 - Cited by 6 - Full Document

Bhuri Devi And Anr vs Virender Yadav And Ors on 10 August, 2023

57. Hon'ble Supreme Court in National Insurance Ltd. vs. Pranay Sethi & Ors. (Supra) has held that future prospects have to be considered for calculating the loss of future dependency. The deceased was 56 years of age, therefore, an addition of 15% as future prospects has to be made. After adding future prospects, the income of the deceased comes to Rs.43,939/- (38,208/- + 38,208/- x 15 / 100). All the six legal heirs are dependent upon the income of the deceased, therefore, one-fourth is to be deducted towards personal and living expenses. After deduction, the income of the deceased comes to Rs.32,954/-. Thus, the loss of dependency comes to Rs.35,59,032/- (Rs.35,151/- x 12 x 9). I therefore, award Rs.35,59,032/- to the petitioners towards loss of dependency.
Delhi District Court Cites 17 - Cited by 0 - Full Document

United India Insurance Company Ltd. ... vs Smt. Shashi Prabha And Others on 5 February, 2020

30. Similarly, the Apex Court in the case of Chameli Devi (Supra) has given the benefit as per the judgment in case of National Insurance Company Ltd. Vs. Prannay Sethi (Supra),. After going through the judgment of the Apex Court the submission raised in pursuance thereof and the learned counsel representing the Insurance Company has not disputed the same and hence as per the law laid down by the Apex Court the claimants are also entitled for the same benefit.
Allahabad High Court Cites 16 - Cited by 0 - M Kumar - Full Document

Mehandi Hassan And Ors vs Ravi And Ors on 31 August, 2023

54. Hon'ble Supreme Court in National Insurance Ltd. vs. Pranay Sethi & Ors. (Supra) has held that future prospects have to be considered for calculating the loss of future dependency. The deceased was 18 years of age therefore, an addition of 40% as future prospects has to be made. After adding future prospects, the income of the deceased comes to Rs.11,218/- (Rs.8013/- + 8013/- x 40 / 100). As the deceased was admittedly unmarried, therefore, 50% is to be deducted towards personal and living expenses being the bachelor.
Delhi District Court Cites 10 - Cited by 0 - Full Document
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