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

D.Shanmugam vs D.Jayakumar

43. As per the decision of the Apex Court in Rajesh and others v. Rajbir Singh and others reported in 2013(3) CTC 883, followed by this Court in C.M.A.No.3273 of 2014, dated 13.10.2015 [Royal Sundaram Alliance Insurance Co. Ltd., v. Tmt.Vennila], 50% of income, should be added under the head, future prospects, for arriving at the loss of dependency. Hence, after adding 50% towards future prospects, the total annual income works out to Rs.21,29,043/- [Rs.14,19,362 + Rs.7,09,681/- (50% future prospects)].
Madras High Court Cites 20 - Cited by 0 - Full Document

D.Shanmugam vs D.Jayakumar on 22 December, 2015

43. As per the decision of the Apex Court in Rajesh and others v. Rajbir Singh and others reported in 2013(3) CTC 883, followed by this Court in C.M.A.No.3273 of 2014, dated 13.10.2015 [Royal Sundaram Alliance Insurance Co. Ltd., v. Tmt.Vennila], 50% of income, should be added under the head, future prospects, for arriving at the loss of dependency. Hence, after adding 50% towards future prospects, the total annual income works out to Rs.21,29,043/- [Rs.14,19,362 + Rs.7,09,681/- (50% future prospects)].
Madras High Court Cites 20 - Cited by 0 - Full Document

The Managing Director vs Delhi Transport Corporation And ... on 15 March, 2017

18. Mere number of years of experience, at the bar, alone cannot be the sole criteria. But Courts/Tribunals can consider the background of the office, to which, he was attached, appearance and arguments made before the Courts, ability to excel in the profession and thereby, to earn more, in future. On the facts and circumstances of the case, we are of the view that the deceased would have earned Rs.30,000/-, the sum determined by the Tribunal. At the time of accident, deceased was aged 37 years. Addition of 50% of the income under the head future prospects cannot be said to be erroneous, in the light of the decision of this Court, in C.M.A.No.3273 of 2014, dated 13/10/2015, [Royal Sundaram Alliance Insurance Co. Ltd., v. Tmt.Vennila], to which one of us is a party (S.Manikumar,J). It is useful to extract the following paragraphs, "56. As tabulated in the foregoing paragraphs, it should be noted that Consumer Price Index, Gross Domestic Product and Per Capita Income, have increased. One cannot disown the fact that the percentage of those in unorganized sectors is more than the organised sectors. While that be so, would it be appropriate for the Insurance Companies and Transport Corporations, to contend that there is absolutely no chance of any upward revision in wages or salary of those, employed in unorganised sectors or for that matter in the earnings of self-employed. If the contentions of the Insurance Companies and Transport Corporations have to be accepted, whether the self-employed or those engaged in unorganised sectors, can never have any expectation of an event in future, ie., increase in earnings or wages? With the basic study of the statistics, we are of the considered view that the answer should be a clear 'No'. When the Consumer Price Index is applicable uniformally to rich or raff, it cannot be contended that those who are engaged in unorganized sectors or self-employed, would continue to earn the same income, for years together.
Madras High Court Cites 12 - Cited by 0 - S Manikumar - Full Document

Reliance General Insurance Company Ltd vs Subbulakshmi

11. Deceased was aged about 39 years. Though in Sarla Varma's case, future prospect was decided, in respect of organised sector only, the tribunal ought to have considered addition of certain income under the head future prospects or prospect, as decided by a Coordinate Bench of this Court in C.M.A.No.3273 of 2014, dated 13.10.2015 [Royal Sundaram Alliance Insurance Co. Ltd., v. Tmt.Vennila, to which, one of us is a party (Hon'ble Mr.Justice S.Manikumar). Relevant paragraphs are extracted hereunder.
Madras High Court Cites 11 - Cited by 0 - Full Document

Reliance General Insurance Company Ltd vs Subbulakshmi

11. Deceased was aged about 39 years. Though in Sarla Varma's case, future prospect was decided, in respect of organised sector only, the tribunal ought to have considered addition of certain income under the head future prospects or prospect, as decided by a Coordinate Bench of this Court in C.M.A.No.3273 of 2014, dated 13.10.2015 [Royal Sundaram Alliance Insurance Co. Ltd., v. Tmt.Vennila, to which, one of us is a party (Hon'ble Mr.Justice S.Manikumar). Relevant paragraphs are extracted hereunder.
Madras High Court Cites 11 - Cited by 0 - Full Document

The National Insurance Company Ltd vs A.Rajalakshmi on 27 March, 2017

city, urban and rural areas respectively, salary structure ranges between Rs.350 and Rs.785 rupees. Taking note of the materials into account, it can safely be inferred that, the deceased would have earned around Rs.400 to 450 rupees, a day, to maintain the family, consisting of five members. Even though, the evidence of PW2-father reveals that he was working as a watchman and earned Rs.5,000/-, it would be just and reasonable to fix the daily income of the deceased between Rs.400 and Rs.450 rupees. On the basis of the Consumer Price Index and on the basis of the rationale laid down in M/s.Royal Sundaram Alliance Insurance Co. Ltd., Salem & Another vs Vennila & Others reported in CDJ 2015 MHC 6685, we fix the monthly income of the deceased as Rs.13,000/-. Therefore, monthly income of Rs.15,000/- fixed by the Tribunal is reduced to Rs.13,000/-, as it is not substantiated. On the basis of the monthly income arrived, 50% is added towards future prospects. Since the deceased is survived by four dependents, deduction of 1/4th should be made towards his personal and living expenses. As per Ex.P3-Postmortem certificate, deceased was aged 39 years, computation is reworked, by applying multiplier '15'. Accordingly, compensation towards loss of earning is arrived at Rs.26,32,500/- (Rs.14,625/- x 12 x 15).
Madras High Court Cites 30 - Cited by 0 - Full Document

The National Insurance Company Ltd vs A.Rajalakshmi on 27 March, 2017

city, urban and rural areas respectively, salary structure ranges between Rs.350 and Rs.785 rupees. Taking note of the materials into account, it can safely be inferred that, the deceased would have earned around Rs.400 to 450 rupees, a day, to maintain the family, consisting of five members. Even though, the evidence of PW2-father reveals that he was working as a watchman and earned Rs.5,000/-, it would be just and reasonable to fix the daily income of the deceased between Rs.400 and Rs.450 rupees. On the basis of the Consumer Price Index and on the basis of the rationale laid down in M/s.Royal Sundaram Alliance Insurance Co. Ltd., Salem & Another vs Vennila & Others reported in CDJ 2015 MHC 6685, we fix the monthly income of the deceased as Rs.13,000/-. Therefore, monthly income of Rs.15,000/- fixed by the Tribunal is reduced to Rs.13,000/-, as it is not substantiated. On the basis of the monthly income arrived, 50% is added towards future prospects. Since the deceased is survived by four dependents, deduction of 1/4th should be made towards his personal and living expenses. As per Ex.P3-Postmortem certificate, deceased was aged 39 years, computation is reworked, by applying multiplier '15'. Accordingly, compensation towards loss of earning is arrived at Rs.26,32,500/- (Rs.14,625/- x 12 x 15).
Madras High Court Cites 30 - Cited by 0 - Full Document

The National Insurance Company Ltd vs A.Rajalakshmi on 27 March, 2017

city, urban and rural areas respectively, salary structure ranges between Rs.350 and Rs.785 rupees. Taking note of the materials into account, it can safely be inferred that, the deceased would have earned around Rs.400 to 450 rupees, a day, to maintain the family, consisting of five members. Even though, the evidence of PW2-father reveals that he was working as a watchman and earned Rs.5,000/-, it would be just and reasonable to fix the daily income of the deceased between Rs.400 and Rs.450 rupees. On the basis of the Consumer Price Index and on the basis of the rationale laid down in M/s.Royal Sundaram Alliance Insurance Co. Ltd., Salem & Another vs Vennila & Others reported in CDJ 2015 MHC 6685, we fix the monthly income of the deceased as Rs.13,000/-. Therefore, monthly income of Rs.15,000/- fixed by the Tribunal is reduced to Rs.13,000/-, as it is not substantiated. On the basis of the monthly income arrived, 50% is added towards future prospects. Since the deceased is survived by four dependents, deduction of 1/4th should be made towards his personal and living expenses. As per Ex.P3-Postmortem certificate, deceased was aged 39 years, computation is reworked, by applying multiplier '15'. Accordingly, compensation towards loss of earning is arrived at Rs.26,32,500/- (Rs.14,625/- x 12 x 15).
Madras High Court Cites 30 - Cited by 0 - Full Document
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