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Smt. Naseemunissa vs Smt. Kanmani on 15 December, 2016 cites

Munna Lal Jain & Anr vs Vipin Kumar Sharma & Ors on 15 May, 2015

21. It is not in dispute that, as per the pay slips for the month of January 2015 and February 2015 marked at Ex.P23, the deceased was drawing a gross salary of Rs.26,567/- per month. The appointment letter reveals that, the deceased was a permanent employee at Schneider Electric India Pvt. Ltd. The pay slips reveals that, the income tax of Rs.340/- and profession tax of Rs.200/- was deducted. Hence, after deducting a sum of Rs.340/- and Rs.200/-, the net salary of the deceased comes to Rs.26,027/-. The learned counsel for the respondent No.2 submitted that, the age of the petitioner to be taken into account. But as per the unreported ruling reported in Civil Appeal No.4497/2015 between Munna Lal Jain and another vs. Vipin Kumar Sharma and others, the Hon'ble Apex Court held that, the age of the deceased has to be taken into account for applying the proper multiplier.
Supreme Court of India Cites 6 - Cited by 1196 - Full Document

Sanobanu Nazirbhai Mirza & Ors vs Ahmedabad Municipal Transport Service on 3 October, 2013

24. The Apex Court, in the case reported in 2013 ACJ 5800 (Sanobanu Nazirbhai Mirza Vs. Ahmedbad Municipal Transport Service) and also in the recent judgment reported in AIR 2014 SUPREME COURT 706 (Puttamma Vs. Narayana Reddy) awarded Rs.1,00,000/- as compensation to the family members (children and family members other than wife) for loss of love and affection, deprivation of protection, social security etc., and Rs.50,000/- as compensation to the widow of the deceased for loss of love and affection, pains and sufferings, loss of consortium, deprivation of protection, social 14 (SCCH-16) MVC 2330/2016 security etc., and Rs.10,000/- towards cost incurred on account of funeral and ritual expenses. In this case, since the deceased has left behind his old age mother, I deem it proper to award Rs.1,00,000/- as compensation to the family members (children and family members other than wife) for loss of love and affection, deprivation of protection, social security etc. Loss of expectancy of life Rs.1,00,000/-. Loss of estate Rs.50,000/- and Rs.25,000/- towards cost incurred on account of funeral and ritual expenses.
Supreme Court of India Cites 10 - Cited by 277 - V G Gowda - Full Document

Puttamma W/O Lt Ramadas vs K L Narayana Reddy S/O Lt Lakshmaiah ... on 10 March, 2010

24. The Apex Court, in the case reported in 2013 ACJ 5800 (Sanobanu Nazirbhai Mirza Vs. Ahmedbad Municipal Transport Service) and also in the recent judgment reported in AIR 2014 SUPREME COURT 706 (Puttamma Vs. Narayana Reddy) awarded Rs.1,00,000/- as compensation to the family members (children and family members other than wife) for loss of love and affection, deprivation of protection, social security etc., and Rs.50,000/- as compensation to the widow of the deceased for loss of love and affection, pains and sufferings, loss of consortium, deprivation of protection, social 14 (SCCH-16) MVC 2330/2016 security etc., and Rs.10,000/- towards cost incurred on account of funeral and ritual expenses. In this case, since the deceased has left behind his old age mother, I deem it proper to award Rs.1,00,000/- as compensation to the family members (children and family members other than wife) for loss of love and affection, deprivation of protection, social security etc. Loss of expectancy of life Rs.1,00,000/-. Loss of estate Rs.50,000/- and Rs.25,000/- towards cost incurred on account of funeral and ritual expenses.
Karnataka High Court Cites 1 - Cited by 521 - M M Shantanagoudar - Full Document

Vimal Kanwar & Ors vs Kishore Dan & Ors on 3 May, 2013

26. The PW4 stated that, a sum of Rs.15,00,000/- was paid out of gratuity and group personal accident benefit policy. The leaned counsel for the respondent No.2 argued that, whatever the death benefits provided to the petitioner have to be deducted out of total compensation. But, as per the ruling reported in 2013 ACJ 1143 (Neelam Singh and others vs (Dolphin International and others), (2013) 7 SCC 476 (Vimal Kanwar and others vs Kishore Dan and others) and ILR 2014 KAR 5169 (A. Arun and Another vs Smt. H.B.Pushpa and another). In these citations, the Hon'ble Apex Court as well as the Hon'ble High Court of Karnataka held that ex-gratia payment and personal accident benefits have nothing to do with the compensation to be awarded under the provisions of Motor Vehicles Act.
Supreme Court of India Cites 10 - Cited by 886 - Full Document

A Arun vs H B Pushpa on 7 January, 2014

26. The PW4 stated that, a sum of Rs.15,00,000/- was paid out of gratuity and group personal accident benefit policy. The leaned counsel for the respondent No.2 argued that, whatever the death benefits provided to the petitioner have to be deducted out of total compensation. But, as per the ruling reported in 2013 ACJ 1143 (Neelam Singh and others vs (Dolphin International and others), (2013) 7 SCC 476 (Vimal Kanwar and others vs Kishore Dan and others) and ILR 2014 KAR 5169 (A. Arun and Another vs Smt. H.B.Pushpa and another). In these citations, the Hon'ble Apex Court as well as the Hon'ble High Court of Karnataka held that ex-gratia payment and personal accident benefits have nothing to do with the compensation to be awarded under the provisions of Motor Vehicles Act.
Karnataka High Court Cites 7 - Cited by 16 - Full Document

Minu Rout & Anr vs Satya Pradyumna Mohapatra & Ors on 2 September, 2013

27. Relying upon a judgment of the Apex Court reported in 2013 AIR SCW 5375 (Minu Rout and others Vs. Satya Pradyumna Mohapatra and others), with regard to interest at the rate of 9% p.a. on the compensation amount, in para 13 of the judgment, the Apex Court held that Insurance Company is also liable to pay interest at the rate of 9% p.a. from the date of application till the date of payment and also by following the principles laid down in (2011) 4 SCC 481 :
Supreme Court of India Cites 7 - Cited by 781 - V G Gowda - Full Document

M.C.D vs Asscn.,Victims Of Uphaar Tragedy & Ors on 13 October, 2011

(AIR 2012 SC 100) (Municipal Council of Delhi Vs. Association of Victims of Uphaar Tragedy). In view of the above judgments with regard to the rate of interest, and also it is settled law that while awarding interest on the compensation amount, the Court has to take into account the rate of interest of the nationalized bank and the rate of interest at 9% cannot said to be on the higher side.
Supreme Court of India Cites 27 - Cited by 1848 - R V Raveendran - Full Document
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