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Documents citing New India Assurance Co. vs Kamla Devi And Ors. on 8 February, 1991

New India Assurance Co. Ltd. vs Minor Arka Chakraborty And 4 Ors. on 24 November, 2006

14.1 Following the aforesaid decision in the case of New India Assurance Co. Ltd. v. Kala Devi (supra), a Division Bench of this Court in Saruyaben Harisingbhai Bilwal v. Ataullahkhan Mehtakhan Lalkhan Pathan enhanced the compensation awarded by the Claims Tribunal, taking into account the revision of pay scale of the post held by the deceased by virtue of implementation of the Fifth Pay Commission recommendations with effect form 1.1.96.
Gujarat High Court Cites 4 - Cited by 0 - A Kureshi - Full Document

Ushaben Wd/O. Jashubhai Rana And 3 Ors. vs General Manager, Ongc And 3 Ors. on 23 December, 2005

In view of the judgments of the Apex Court in the case of Susamma Thomas (supra), Sarla Dixit (supra), Lataben Wadhva (supra) and also judgment in Kala Devi (supra) and judgments of this Court in the case Kamlaben Valjibhai Vora, Smt. Rafia Sultana and also other judgments, we are of the view that, we should not take last monthly income of deceased as Rs. 920/-, but we must take his future prospects, and we can reasonably come to the conclusion that, in future the deceased could get Rs. 1840/- i.e., double the amount of his present salary.
Gujarat High Court Cites 20 - Cited by 2 - R S Garg - Full Document

Mohan Lal Raghbir Singh And Ors. vs Balbir Singh And Ors. on 29 May, 1997

10. It has been held by the Bombay High Court in New India Assurance Co. Ltd. v. Kamla Bai [1996] 2 ACC 383 that "the contravention of one or the other condition of the permit is not a contravention of the purpose for which the permit is issued. There is no contravention of Section 96(2) of the Motor Vehicles Act. The liability of the insurance company to satisfy the various claims is not in any way affected by carrying excess persons in the Matador."
Punjab-Haryana High Court Cites 42 - Cited by 0 - T H Chalapathi - Full Document

Saruyaben Harisingbhai Bilwal vs Ataullahkhan Mehtabkhan Lalkhan ... on 21 December, 2000

In the case of New India Assurance Co. Ltd. v. Kala Devi & Ors., reported in 1996 ACJ 16, the Supreme Court had considered the case of enhancement in the compensation in view of the revision of the pay-scales of the post which was held by the deceased on the basis of the Third Pay Commission. In that case, the High Court took into account the revision of pay-scales by Third Pay Commission, and awarded a sum of Rs. 1,25,000/- as compensation. The Supreme Court observed in the end of this decision that having regard to the revised pay-scales of the post held by the deceased, his age and longevity of life as well as all other facts and circumstances of the case, there was no justification to interfere with the quantum of compensation awarded by the High Court and accordingly the appeal against the decision of the High Court was dismissed. In any view of the matter, the claimants in this case are at least entitled to get compensation by getting the pay of the deceased computed on the basis of the average of the salary which the deceased was getting at the time of accident and as has been certified by the Collector, Kheda, at Exh. 57 at the rate of Rs. 6,717/- p.m. in December, 1997. This average comes out to Rs. 4,025-50 as explained above, and therefore, we find that the monthly income of the deceased for the purpose of granting compensation should have been taken to be Rs. 4,025-50 per month instead of Rs. 1,500/- per month.
Gujarat High Court Cites 3 - Cited by 5 - Full Document

Saruyaben Harisingbhai Bilwal vs Ataullahkhan Mehtabkhan Lalkhan ... on 21 December, 2000

In the case of New India Assurance Co. Ltd. v. Kala Devi and Ors. , reported in 1996 ACJ 16, the Supreme Court had considered the case of enhancement in the compensation in view of the revision of the pay scales of the post which was held by the deceased on the basis of the Third Pay Commission. In that case, the High Court took into account the revision of pay scales by Third Pay Commission, and awarded a sum of Rs. 1,25,000/- as compensation. The Supreme Court observed in the end of this decision that having regard to the revised pay scales of the post held by the deceased, his age and longevity of life as well as all other facts and circumstances of the case, there was no justification to interfere with the quantum of compensation awarded by the High Court and accordingly the appeal against the decision of the High Court was dismissed. In any view of the matter, the claimants in this case are at least entitled to get compensation by getting the pay of the deceased computed on the basis of the average of the salary which the deceased was getting at the time of accident and as has been certified by the Collector, Kheda, at Exh.57 at the rate of Rs. 6,717/= p.m. in Dec. 1997. This average comes out to Rs. 4,025.50 as explained above and therefore we find that the monthly income of the deceased for the purpose of granting compensation should have been taken to be Rs. 4,025.50 per month instead of Rs. 1,500/per month.
Gujarat High Court Cites 3 - Cited by 0 - Full Document
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