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Smt Usha Bagrecha vs Shahjahan And Ors on 30 May, 2012

25) Coming now to CMA No.235/2000 filed by appellant-Smt.Usha Bagrecha for the death of her minor child Chintu aged three years in which case she was awarded only a sum of Rs.75,000/- as compensation, it is to be noted that the Tribunal has awarded a very meager amount of Rs.75,000/- as compensation for this death claim case. This Court in Smt.Nana Devi supra while taking into consideration the aspect of future prospects in such matters and number of Supreme Court judgments, where children died on account of accident, accepting that if he/she lived longer life, he/she would certainly have advanced in life to be of help to his/her family and utility to the nation, while relying upon the judgments of Supreme Court in R.K. Malik and Another Vs. Kiran Pal and Others : (2009) 14 SCC 1, Oriental Insurance Co.Ltd.
Rajasthan High Court - Jaipur Cites 15 - Cited by 0 - M Rafiq - Full Document

Shashi Kant Bagrecha vs Shahjahan And Ors on 30 May, 2012

25) Coming now to CMA No.235/2000 filed by appellant-Smt.Usha Bagrecha for the death of her minor child Chintu aged three years in which case she was awarded only a sum of Rs.75,000/- as compensation, it is to be noted that the Tribunal has awarded a very meager amount of Rs.75,000/- as compensation for this death claim case. This Court in Smt.Nana Devi supra while taking into consideration the aspect of future prospects in such matters and number of Supreme Court judgments, where children died on account of accident, accepting that if he/she lived longer life, he/she would certainly have advanced in life to be of help to his/her family and utility to the nation, while relying upon the judgments of Supreme Court in R.K. Malik and Another Vs. Kiran Pal and Others : (2009) 14 SCC 1, Oriental Insurance Co.Ltd.
Rajasthan High Court - Jaipur Cites 15 - Cited by 0 - M Rafiq - Full Document

Puneet Bagrecha vs Shahjahan And Ors on 30 May, 2012

25) Coming now to CMA No.235/2000 filed by appellant-Smt.Usha Bagrecha for the death of her minor child Chintu aged three years in which case she was awarded only a sum of Rs.75,000/- as compensation, it is to be noted that the Tribunal has awarded a very meager amount of Rs.75,000/- as compensation for this death claim case. This Court in Smt.Nana Devi supra while taking into consideration the aspect of future prospects in such matters and number of Supreme Court judgments, where children died on account of accident, accepting that if he/she lived longer life, he/she would certainly have advanced in life to be of help to his/her family and utility to the nation, while relying upon the judgments of Supreme Court in R.K. Malik and Another Vs. Kiran Pal and Others : (2009) 14 SCC 1, Oriental Insurance Co.Ltd.
Rajasthan High Court - Jaipur Cites 15 - Cited by 0 - M Rafiq - Full Document

Smt Usha Bagrecha vs Shahjahan And Ors on 30 May, 2012

25) Coming now to CMA No.235/2000 filed by appellant-Smt.Usha Bagrecha for the death of her minor child Chintu aged three years in which case she was awarded only a sum of Rs.75,000/- as compensation, it is to be noted that the Tribunal has awarded a very meager amount of Rs.75,000/- as compensation for this death claim case. This Court in Smt.Nana Devi supra while taking into consideration the aspect of future prospects in such matters and number of Supreme Court judgments, where children died on account of accident, accepting that if he/she lived longer life, he/she would certainly have advanced in life to be of help to his/her family and utility to the nation, while relying upon the judgments of Supreme Court in R.K. Malik and Another Vs. Kiran Pal and Others : (2009) 14 SCC 1, Oriental Insurance Co.Ltd.
Rajasthan High Court - Jaipur Cites 15 - Cited by 0 - M Rafiq - Full Document

Dharam Pal vs Naresh Kumar & Ors on 6 March, 2012

2.It has been sought to be submitted by learned counsel Ms Usha Chauhan for the appellant that the deceased Manoj Kumar, son of the appellant was aged about 6 years at the time of the accident which took place on 13.7.1992 and the Tribunal has awarded very meagre compensation of Rs.25,000/- which needs to be enhanced appropriately in view of the judgment of this court in the case of Kailash vs Oriental Insurance Co. Ltd. 2008 Law Suit (Raj.) 690 and unreported judgment in the case of Smt. Nana Devi and ors vs. Gurumel Singh and ors (S.B.Civil Misc.Appeal No.870 of 2011 and ors decided on 2.11.2011.
Rajasthan High Court - Jaipur Cites 8 - Cited by 0 - B M Trivedi - Full Document

R S R T C Through Chief Manager And Anot vs Smt Phooli Devi And Others on 18 July, 2012

Even otherwise, this Court has passed a detailed judgment in Smt.Nana Devi supra relying on the various judgments of Supreme Court in Oriental Insurance Company Limited vs. Syed Ibrahim and Others and Kaushlya Devi Vs. Shri Karan Arora and Others and various other judgments. Therefore, award of compensation for Rs.3,68,300/- cannot be said to be towards the higher side. Compensation awarded to claimant-respondent No.1 Subhash Jangid for a sum of Rs.95,900/- is also correct considering his permanent disability, age and his income.
Rajasthan High Court - Jaipur Cites 5 - Cited by 0 - M Rafiq - Full Document

R S R T C Through Chief Manager And Anot vs Subhash Jangid And Others on 18 July, 2012

Even otherwise, this Court has passed a detailed judgment in Smt.Nana Devi supra relying on the various judgments of Supreme Court in Oriental Insurance Company Limited vs. Syed Ibrahim and Others and Kaushlya Devi Vs. Shri Karan Arora and Others and various other judgments. Therefore, award of compensation for Rs.3,68,300/- cannot be said to be towards the higher side. Compensation awarded to claimant-respondent No.1 Subhash Jangid for a sum of Rs.95,900/- is also correct considering his permanent disability, age and his income.
Rajasthan High Court - Jaipur Cites 5 - Cited by 0 - M Rafiq - Full Document

Devi Lal & Ors vs Kishore Kumar & Ors on 4 November, 2011

7) Consequently, this appeal is allowed in the light of the judgment passed by this Court in the aforesaid case of Smt.Nana Devi supra on 2/11/2011. The directions contained therein, shall mutatis mutandis apply to the present case. Accordingly, the award passed by the Motor Accident Claims Tribunal, Beawar dated 2/2/2008 is modified and amount of compensation of Rs.1,62,000/- passed by the Tribunal under all heads is cumulatively enhanced to Rs.2,50,000/-. The appellants shall be entitled to interest @7.5% on the enhanced amount of compensation from the date of filing claim petition till actual payment is made.
Rajasthan High Court - Jaipur Cites 1 - Cited by 0 - M Rafiq - Full Document
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