New India Assurance Co. Ltd. vs Takhuben Raghabhai And Ors. on 30 November, 2006
The decision in Kaushnuma Begum's case (supra), has not been considered in the recent two-Judge Bench decision in Meena Variyal's case (supra).
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Smt. Kaushnuma Begum And Ors vs The New India Assurance Co. Ltd. And Ors on 3 January, 2001
New India Assurance Company Limited vs Harsh Mishra And Ors. on 29 June, 2015
In Surender Kumar Arora and Anr. v. Manoj Bisla and Ors.,
(2012) 4 SCC 552, the Supreme Court categorically stated that
Kaushnuma Begum (Smt.) and Ors. v. New India Assurance
Company Limited and Ors., (2001) 2 SCC 9 shall be applicable
only to the claim petitions filed under Section 163-A of the Act.
State Of Himachal Pradesh And Anr. vs Raj Kumar And Ors. on 30 May, 2005
In view of the decision of the Apex Court in Minu B. Mehta's case 1977 ACJ 118 (SC) and the conflict between it and the judgment given in Kaushnuma Begum's case , it is not very clear whether the rule of strict liability as propounded in Rylands v. Fletcher (1868) LR 3 HL 330, is to be applied in every case or not. Even assuming that the rule of strict liability is applicable in the case, there are exceptions to the rule. One of the exceptions is the consent of the plaintiff, i.e., volenti non fit injuria. In this case the driver himself is the deceased. As stated above, there is nothing on record to show that he had ever objected to driving the truck or raised any objection/question with regard to the condition of tyres or the maintenance of the truck. He had consented to drive the truck without any objection. Therefore, the rule of strict liability would not be applicable even in this case. The appeal of the State, therefore, has to be allowed and the claim petition filed by the claimants has to be rejected.
The A.P.S.R.T.C., Rep. By Its Managing ... vs B. Vijaya And Ors. on 31 July, 2002
In General Manager vs. Sangum Bhagyamma, a Full Bench of this Court presided over by S.B. Sinha, CJ (as he then was) following the judgment in Kaushnuma Begum's case held that the rate of interest should not exceed 9% per annum from the date of award till realisation.
Haryana Urban Development Authority vs Darsh Kumar on 31 August, 2001
In Smt. Kaushnuma
Begum & Others Vs. National Insurance Co. - 2000 (1) SCALE page 1 rate
of interest has been awarded at
9%. It is distinguishable from the
bunch cases before us in the sense that the cited case relates
to insurance Company where, what the
person has deposited is a premium i.e.only a small portion of the amount covered as also the Governments lien on those funds to be borrowed at a lower rate of interest where as in the
instant cases money is that of
individuals deposited by them from their own savings or from borrowings. Had they
kept their money elsewhere, returns by
way of
compound interest would have
been much higher. What they ask is interest on the money kept by the Urban Development Authorities. To this extent the two sets are distinguishable.
Smt. Usha Tiwari vs Jagdamba Prasad Trivedi And Others on 31 March, 2022
24. Fresh Award be drawn accordingly in the above petition by the tribunal as per the modification made herein. The Tribunals in the State shall follow the direction of this Court as herein aforementioned as far as disbursement is concerned, it should look into the condition of the litigant and the pendency of the matter and judgment of A.V. Padma (supra). The same is to be applied looking to the facts of each case.
Kuldipsinh Ramharisinh Jat vs Purnimaben Jitendrabhai Shah Wd/O ... on 28 April, 2022
In the case of Transport Corporation v. Sangum
Bhagyamma (Supra), considering the decision of
Kaushnuma Begum v. New India Assurance Company Ltd.
(Supra), the Andhra Pradesh High Court has also granted
interest at the rate of 6%.
Economic Transport Organization vs Kena Pankaj Patel & 2 on 12 June, 2015
In view of the aforesaid facts and
circumstances of the case and decisions of the
Hon'ble Supreme Court in the cases of Patricia
Jean Mahajan & Ors. (supra), S.Kaushnuma
Begam and others (supra) and H.S. Ahammed
Hussain & another (supra), it cannot be said
that the learned tribunal has committed any
error in awarding interest on the awarded of
compensation at the rate of 9% per annum,
which calls for interference of this Court."
Oriental Insurance Company vs Smt. Indiro & Others on 19 June, 2015
In our view the reason indicated in the case of
Kaushnuma Begum (supra) is a valid reason
and it may be noticed that the rate of interest
is already on the decline. We therefore, reduce
the rate of interest to 9% in place of 12% as
awarded by the High Court.
Oriental Insurance Company vs Smt. Indiro & Others on 19 June, 2015
In our view the reason indicated in the case of
Kaushnuma Begum (supra) is a valid reason
and it may be noticed that the rate of interest
is already on the decline. We therefore, reduce
the rate of interest to 9% in place of 12% as
awarded by the High Court.