Search Results Page

Search Results

1 - 9 of 9 (0.26 seconds)
Smt. Sangeeta (Aged 33 Years) vs Sh. Shamshad Ali @ Mujjasim on 16 January, 2012 cites

Union Carbide Corporation Etc. Etc vs Union Of India Etc. Etc on 3 October, 1991

"in a case of compensation for death it is appropriate that the Tribunals do keep in mind the principles enunciated by this court in Union Carbide Corporation v. Union of India, 1991 (4) SCC 584, in the matter of appropriate investments to safeguard the feed from being frittered away by the beneficiaries owing to ignorance, illiteracy and susceptible to exploitation. In that case approving the judgment of the Gujarat High Court in Muljibhai Ajaarambhai harijan V/s United India Insurance Co. Ltd. 1983 ACJ 57 (Gujarat), this court offered the following guidelines:
Supreme Court of India Cites 0 - Cited by 277 - Full Document

National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004

27.Respondent no. 3 disputed its liability on the ground that vehicle was being driven without permit thus insured violated the terms and conditions of the policy. In this regard R3W1 proved the insurance policy of the offending vehicle Ex.R3W1/1 and stated that the vehicle in question was insured as passenger carrying vehicle. R3W1 also stated that notice was sent to driver and owner to produce the driving licence, policy and permit the notice was proved as Ex.R3W1/2 and Ex.R3W1/3. He proved the postal receipts were Ex.R3w1/4 and Ex.R3w1/5 and registered AD card was Ex.R3w1/6. Notice was duly served upon the driver by registered AD. R3w1 also stated that the insured vehicle was being used by U.P Congress Committee for carrying passengers from U.P to Delhi and proved a letter issued by UP Congress Committee Ex.R3w1/7 in this 16 regard. R3w1 also stated that permit was not seized by the police neither the injured produce the same. The testimony of R3w1 had gone unchallenged. Thus, respondent no. 3 has led cogent and reliable evidence to prove that vehicle was being driven without permit which was the violation of terms of the policy. However as regards the satisfaction of the award even in cases insurance company proves its defence it has been held in National Insurance Company Limited Vs. Swaran Singh, AIR 2004 SC 1531 as follows:­ "Motor Vehicles Act, 1988, Sections 149(2)(a)(ii) and proviso to Sub sections (4) and (5) - Third party Claims­ Liability of insurance company to satisfy ­ Breach of policy - Defences for insurer - Even if the Tribunal arrives at a conclusion that the insurer has proved its defence u/s 149(2) , still it can direct the insurer to pay the amount of compensation to third party with a right to recover it from the insured."
Supreme Court of India Cites 68 - Cited by 3847 - Full Document

National Insurance Co. Ltd. vs Smt. Kailash Devi And Ors. on 20 December, 2007

20. As regards the quantum of compensation PW1 stated that deceased was 35 years of age at the time of accident and was earning Rs. 6,000/­ per month. In her cross­examination she stated that deceased was th educated till 8 standard but she did not have the documentary proof of his qualification. She also stated that she had not filed any documentary proof of income of the deceased. However petitioner has examined the employer PW2 who proved the salary certificate of the deceased Ex.PW2/2 according to which he was drawing a salary of Rs. 3,516/­ at the time of accident which may be rounded off Rs. 3,500/­. The minimum wages for a skilled worker on the date of accident was Rs. 4,057/­, thus the version of PW2 can be accepted as correct. The petitioner has not led the cogent evidence regarding future prospects of increase in income of deceased. However, as the income of deceased was almost at par with Minimum wages increase in minimum wages on inflation trends can be considered, as held in II (2008) ACC 770 National Insurance Company Ltd. Vs Kailash Devi is as follows:­ "Once the resort has been made to the Minimum Wages Act, therefore, the increase in the future wages under the Minimum Wages Act can certainly be taken into consideration. This court has already taken a view that the increase under 12 the Minimum Wage Act is based on the price index, inflation rate and other economic factors can not be treated at par wit the future income of a victim due to promotions, advancements in career, grant of increments and special grades, etc. Perusal of the Minimum Wages Act shows that in the past within a period of 10 years, the minimum wages almost get more than double;
Delhi High Court Cites 12 - Cited by 137 - K Gambhir - Full Document
1