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Documents citing New India Assurance Co. Ltd. vs Ashwin Vrajlal Rajgor, Newphew Of Late ... on 8 February, 2005

Anandha Lakshmi vs Tamil Nadu State Transport Corporation on 26 September, 2016

Corpn., v. Ramanbhai Prabhatbhai reported in 1987 ACJ 561 (SC), another Hon'ble Division Bench of the Gujarat High Court in Ashwin Vrajlal Rajgor's case, (stated supra), the Court held that in the absence of Class-I legal representatives to represent the estate of the deceased, a brother's son, a Class-II heir, the brother's wife are entitled to claim compensation. The Hon'ble Division Bench has also taken note of the line of succession, as provided for, under the Hindu Succession Act, 1956 and held that the appellants therein, were entitled to compensation.
Madras High Court Cites 51 - Cited by 3 - Full Document

National vs Pritamsinh on 11 February, 2010

A second decision of this Court reported in the case of New India Assurance Company Ltd. Vs. Ashwin Vrajlal Rajgor (supra) is also relied by the Advocate of the claimant and on that basis, contention raised by Advocate of Insurance Company has been rejected by Claims Tribunal. The Division Bench of this Court has examined this issue while considering provisions of Hindu Succession Act, 1956 as discussed in Paragraphs 4 and 5 which are quoted as under :-
Gujarat High Court Cites 15 - Cited by 0 - H K Rathod - Full Document

Branch Manager vs )Kaliyamoorthy on 4 March, 2016

in-law) of the deceased for compensation. After considering the judgment of the Supreme Court in Gujarat State Road Trans. Corpn., v. Ramanbhai Prabhatbhai reported in 1987 ACJ 561 (SC), and another Division of the Gujarat High Court in Ashwin Vrajlal Rajgor's case, (stated supra), the Court held that in the absence of Class-I legal representatives to represent the estate of the deceased, a brother's son, a Class-II heir and the brother's wife are entitled to claim compensation for the death of the deceased. The Hon'ble Division Bench has also taken note of the line of succession, as provided for under the Hindu Succession Act, 1956 and held that the appellants therein, were entitled to compensation.
Madras High Court Cites 46 - Cited by 0 - Full Document

The Oriental Insurance Co. Ltd vs Rangammal on 21 December, 2010

Corpn., v. Ramanbhai Prabhatbhai reported in 1987 ACJ 561 (SC), another Division of the Gujarat High Court in Ashwin Vrajlal Rajgor's case, (stated supra) held that in the absence of Class-I legal representatives to represent the estate of the deceased, a brother's son, a Class-II heir and the brother's wife are entitled to claim compensation for the death of the deceased. The Division Bench has also taken note of the line of succession, as provided under the Hindu Succession Act, 1956 and held that the appellants therein, were entitled to compensation.
Madras High Court Cites 31 - Cited by 6 - S Manikumar - Full Document

M/S.Royal Sundaram Alliance Insurance ... vs Tmt.Vennila on 13 October, 2015

Following the decisions of the Apex Court in Gujarat State Road Transport Corporation, Ahmedabad v. Ramanbhai Prabhatbhai and another reported in 1987 ACJ 561, Vidya Dhar Dubey and others v. U.P.State Road Transport Corporation reported in 1997 ACJ 1388, Oriental Insurance Company Ltd., v. Naresh Chandra Agarwal and others reported in 2000 ACJ 931, Govindasamy v. Ravi and others, reported in 2003 (1) MLJ 253, Kishan Lal v. Bharosi Lal reported in II (2003) ACC 225, Managing Director, K.S.R.T.C., v. Venkataramappa K.S., reported in III (2003) ACC 457 (DB), New India Assurance Co. Ltd., v. Ashwin Vrajlal Rajgor reported in 2005 ACJ 1618, A.Manavalagan v. A.Krishnamurthy reported in I (2005) ACC 304 (DB), this Court held that brother and sister of the deceased are entitled to maintain a claim for loss of estate and accordingly, rejected the said contention. However, in the case on hand, apportionment of compensation among the claimants, has not been questioned by them. But no compensation is awarded to Sisters, under the head, loss of love and affection. A sum of Rs.50,000/- each, is awarded to the sisters and parents of the deceased. Altogether, a sum of Rs.2,00,000/- is awarded under the head, loss of love and affection.
Madras High Court Cites 97 - Cited by 36 - S Manikumar - Full Document

Oriental vs Bhagwatiben on 23 February, 2010

12. In view of above observations made by Apex Court and also considering written argument Exh.46 filed by appellant Insurance Co. before claims Tribunal giving concession for entitlement to minors to Rs.1,21,000/- because of death of Mayur Rajesh in claim case No.52 of 2001. Therefore, considering background of this case, that why decision has been taken by appellant Insurance Co. to file appeal because of observations made by this Court dated 17.8.2009 in SCA No.12793 of 2008. Thereafter, decision has been taken to file first appeal only on the ground that whether minors can claim amount of compensation for death of their brother, who was also minor. The minor claimants cannot consider to be dependent of minor, who died in accident. This specific contention was not raised before claims Tribunal. On the contrary, it was suggested giving concession by appellant Insurance Co. before claims Tribunal that claimants of claim case No.52 of 2001 are entitled to Rs.1,21,000/-. The larger issue which has been raised by Mr.Shah has been considered by Apex Court in case of GSRTC, Ahmedabad v. Ramanbhai Prabhatbhai and Anr. reported in 1987 ACJ 561 where decision of Division Bench of this Court in case of Megjibhai Khimji Vira v. Chaturbhai Taljabhai reported in 1977 ACJ 253 (Gujarat) has also been considered and in case of New India Assurance Co. Ltd. v. Ashwin Vrajlal Rajgor, Newphew of Late Kantilal D. Rajgor reported in 2005 (2) GLH 85 wherein also decision of Megjibhai Khimji Vira (supra) and GSRTC v. Ramanbhai (supra) have been considered by Division Bench of this Court. The relevant Para.4 and 5 are quoted as under :
Gujarat High Court Cites 21 - Cited by 0 - H K Rathod - Full Document
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