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Documents citing Lata Wadhwa & Ors vs State Of Bihar & Ors on 16 August, 2001

National Insurance Co. Ltd., Division ... vs Devidas Sakharam Bhagat And Others on 22 August, 2019

8. In the present case, there is no dispute about the fact that the age of the deceased child was 5 years at the time of the accident. There is no serious challenge to any other aspect of the order of the Tribunal, except the manner in which the quantum of compensation was calculated. The learned counsel for the appellant placed much emphasis on the judgment of the Hon'ble Supreme Court in the case of Lata Wadhwa .vs. State of Bihar (supra), as also subsequent judgments wherein the ratio of the said judgment was followed. It was emphasized that in the ::: Uploaded on - 23/08/2019 ::: Downloaded on - 24/08/2019 01:12:21 ::: 4 FA330-19.odt present case the age of the deceased child was only 5 years, while in the judgments relied upon by the learned counsel for the appellant as well as the learned counsel for the respondent nos. 1 and 2, the age of the children was found to be well above 5 years and that this was a crucial factor which the Tribunal in the present case failed to consider. It was emphasized that there could be no deviation from the Schedule as appended to the said Act and that upon a proper application of the Schedule and the relevant material, it was evident that the compensation granted by the Tribunal was not sustainable and that it was required to be scaled down appropriately.
Bombay High Court Cites 3 - Cited by 0 - M Pitale - Full Document

Rajo Devi vs Mahender Masih And Others on 20 January, 2014

Though there is no proof of income, in view of the decision of the Hon'ble Supreme Court in Lata Wadhwa Vs. State of Bihar 2001(8) SCC 197, I deem it appropriate to take the contribution as ` 4,000/- per month. Since the age of the deceased was 25 years, I fix multiplier of 18. I further grant Rs.1 lac to the husband towards loss of consortium and loss of love and affection, and Rs. 1 lac each to two minor children towards loss of love and affection. I also grant increase of Rs.15,000/- towards funeral expenses.
Punjab-Haryana High Court Cites 3 - Cited by 0 - Full Document

Oriental Insurance Company Ltd vs Basanti Devi & Anr on 6 January, 2012

In view of Order 41, Rule 33 of the CPC and law laid down by the Apex Court in the case of Delhi Electric Supply Undertaking Vs. Basanti Devi & Anr., which principle is reiterated in the subsequent decision of the Apex Court in the case of Sanjay Parihar & ors Vs. Munnalal Parihar & Ors., the guiding principles laid down by the Apex Court in the case of Lata Wadhwa Vs. State of Bihar referred to supra, with all fours is applicable to the fact situation of the present case. Accordingly, the second point is also required to be answered in favour of the claimant by enhancing the compensation of Rs.1,55,000/- awarded by the Tribunal to Rs. 2,50,000/- with interest @ 6% per annum on the enhanced amount only from the date of appeal till the payment. The penal interest @ 12% which has been awarded by the Tribunal at Rs. 1,55,000/- is hereby set aside as the compensation awarded by the Tribunal has been enhanced to Rs.2,50,000/- which is adequate and reasonable compensation in exercise of this Court's power under Order 41, Rule 33 CPC. Accordingly, the appeal filed by the Insurance Company is partly allowed to the above extent. The award of the Tribunal is modified to the extent that interest @ 9% on Rs.1,55,000/- shall be paid to the claimant from the date of claim application to the date of payment and interest at the rate of 6% on the enhanced amount of Rs.95,000/- shall be paid from the date of filing of the appeal till the date of payment.
Orissa High Court Cites 4 - Cited by 0 - Full Document

Rajendiran vs Prema on 23 April, 2024

Thus, 30,000 × 15 = 4,50,000 and 50,000 under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC v. Susamma Thomas [(1994) 2 SCC 176 : 1994 SCC (Cri) 335] , which is referred to in Lata Wadhwa case [Lata Wadhwa v. State of Bihar, 7/12 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.2699 of 2022 (2001) 8 SCC 197] and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs 50,000 under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants.
Madras High Court Cites 5 - Cited by 0 - N A Venkatesh - Full Document

Mst. Lakshay Nagpal @ Mani S/O Sh. Rajiv ... vs Sh. Dhiraj Sharma @ Rinku S/O Sh. Kewal ... on 17 December, 2011

51. Following judgment of "Lata Wadhwa vs State of Bihar", the value of services of the deceased as a house wife are taken to be Rs. 20,000/- per annum. The petitioners placed on record ration card Ex.PW-1/22, showing the year of birth of the deceased to be 1944.The multiplier applicable would be 7 considering the age of the deceased at the time of accident (64 years). Therefore, the total loss on dependency would be Rs. 20000 x 7 = Rs. 1,40,000/-.
Delhi District Court Cites 7 - Cited by 0 - Full Document

Iffco-Tokio General Insurance Co. Ltd vs Mageswari on 13 March, 2020

(2009) 2 SCC (Civ) 770 : (2009) 2 SCC (Cri) 1002] , the multiplier of 15 can be applied to the multiplicand. Thus, 30,000 × 15 = 4,50,000 and 50,000 under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC v. Susamma Thomas [(1994) 9/16 http://www.judis.nic.in C.M.A.No.2898 of 2015 2 SCC 176 : 1994 SCC (Cri) 335] , which is referred to in Lata Wadhwa case [Lata Wadhwa v. State of Bihar, (2001) 8 SCC 197] and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs 50,000 under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants.
Madras High Court Cites 8 - Cited by 0 - S M Subramaniam - Full Document

Rajendiran vs Prema on 23 April, 2024

Thus, 30,000 × 15 = 4,50,000 and 50,000 under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC v. Susamma Thomas [(1994) 2 SCC 176 : 1994 SCC (Cri) 335] , which is referred to in Lata Wadhwa case [Lata Wadhwa v. State of Bihar, 7/12 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.2699 of 2022 (2001) 8 SCC 197] and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs 50,000 under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants.
Madras High Court Cites 5 - Cited by 0 - N A Venkatesh - Full Document

Thimmarayappan vs P.Thangavelu on 20 July, 2023

12. Recently, the Hon'ble Apex Court in “Meena Devi vs. Nanu 6/11 https://www.mhc.tn.gov.in/judis C.M.A.No.1036 of 2014 Chand Mehta [2023 (1) SCC 204]”, has once again considered the case of awarding compensation for the death of the child, aged about 12 years in the year 2003 and by following the earlier judgments of the Hon'ble Apex Court, including Kishan Gopal case and Lata Wadhwa vs. State of Bihar cited above, has held that, fixing notional income of Rs.30,000/- per year is reasonable and awarded a sum of Rs.4,50,000/- under the head loss of income and granted Rs.50,000/- under conventional head.
Madras High Court Cites 10 - Cited by 0 - Full Document
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