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1 - 8 of 8 (0.75 seconds)National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
The
controversy in regard to the principle of addition of actual income towards
future prospects was referred to the larger bench of the Hon'ble Apex Court,
for authoritative pronouncement in the case of National Insurance
Company vs. Pranay Sethi (2017) SCC online SC 1270. After appreciating
the entire factual scenario, in the light of prescribed provisions of law, the
Honourable Apex Court delineated the guidelines that in case the deceased
was self-employed or on a fixed salary and he was below 40 years of age,
there should be addition of 40 % of his established income towards future
prospects and in case deceased was in between 40 to 50 years, addition of
25% of the established income would be reasonable.
Reshma Kumari & Ors vs Madan Mohan & Anr on 2 April, 2013
But, there was divergence of opinion, following decision in the case
of Smt. Reshma Kumar Vs. Madan Mohan (2013) 9 SCC 65 as well as in
the case of Rajesh Vs. Rajgurusingh (2013) 9 SCC 54, etc.
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
10] It is not in dispute that in view of law laid down in the aforesaid
Sarla Varma's case, addition of amount towards future prospects, other than
the exceptional cases involving special circumstances, was not permissible
under law in cases, where the deceased was self-employed or was on a fixed
salary.
The Factories Act, 1948
National Insurance Company Ltd vs Pranay Sethi Son Of Late Prashant Sethi ... on 20 April, 2011
The calculation of compensation amount towards
non-pecuniary heads appears to be against the well-settled principles of law
as laid down in Pranay Sethi's case (supra). Therefore, it should be
considered that the appellants/claimants are entitled for further
enhancement of compensation by applying multiplier of 15, as well as
addition of amount towards future prospects and requisite amount of
compensation towards non-pecuniary heads.
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