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1 - 10 of 18 (0.61 seconds)Section 279 in The Indian Penal Code, 1860 [Entire Act]
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021
40. The particulars of Form-XVII of the Modified
Claims Tribunal Agreed Procedure, in terms of directions
given by the Hon'ble Delhi High Court in the Rajesh Tyagi
Vs. Jaibir Singh & Ors.(supra) on 08.01.2021, are as under:-
Section 181 in The Motor Vehicles Act, 1988 [Entire Act]
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
20. After considering the legal position discussed
above and the categorical testimony of PW-3, the functional
disability of the petitioner is assessed as 10%. To apply the
multiplier, it is necessary to ascertain the age of the petitioner.
The petitioner has tendered on record copy of his Aadhar card
as Ex. PW1/1, as per which the year of his birth is mentioned
as 1970. The petitioner has also placed on record copy of his
PAN card, as per which his date of birth is 15.01.1970.
Hence, going by these documents, his age, as on 04.06.2015
i.e. date of accident was 45 years, 4 months and 20 days.
Therefore, in view of the law laid down by the Hon'ble
Supreme Court in case of Sarla Verma & Ors. Vs. Delhi
Transport Corporation & Anr., (2009) 6 SCC 121, which
has also been upheld by the Constitution Bench of the
Hon'ble Apex Court in a judgment of National Insurance
Company Ltd. Vs. Pranay Sethi & Ors. SLP (Civil) No.
25590 of 2014 dated 31.10.2017 and the judgment of Hon'ble
Delhi High Court in case New India Assurance Co. Ltd. Vs.
Harsh Wardhan & Ors., MAC App. No. 521/2008 decided
on 20.07.2017, the nearest multiplier of 14 is applicable for
MACP No. 117/16 & DAR No. 410/15 Page 10 of 21
calculating the loss of future earnings of the petitioner arising
out of above permanent disability.
National Insurance Company Ltd vs Pranay Sethi And Others on 22 June, 2022
20. After considering the legal position discussed
above and the categorical testimony of PW-3, the functional
disability of the petitioner is assessed as 10%. To apply the
multiplier, it is necessary to ascertain the age of the petitioner.
The petitioner has tendered on record copy of his Aadhar card
as Ex. PW1/1, as per which the year of his birth is mentioned
as 1970. The petitioner has also placed on record copy of his
PAN card, as per which his date of birth is 15.01.1970.
Hence, going by these documents, his age, as on 04.06.2015
i.e. date of accident was 45 years, 4 months and 20 days.
Therefore, in view of the law laid down by the Hon'ble
Supreme Court in case of Sarla Verma & Ors. Vs. Delhi
Transport Corporation & Anr., (2009) 6 SCC 121, which
has also been upheld by the Constitution Bench of the
Hon'ble Apex Court in a judgment of National Insurance
Company Ltd. Vs. Pranay Sethi & Ors. SLP (Civil) No.
25590 of 2014 dated 31.10.2017 and the judgment of Hon'ble
Delhi High Court in case New India Assurance Co. Ltd. Vs.
Harsh Wardhan & Ors., MAC App. No. 521/2008 decided
on 20.07.2017, the nearest multiplier of 14 is applicable for
MACP No. 117/16 & DAR No. 410/15 Page 10 of 21
calculating the loss of future earnings of the petitioner arising
out of above permanent disability.
The New India Assurance Company Limited vs Smt. Ram Kumari And Ors 24 Mac/390/2015 ... on 30 January, 2018
20. After considering the legal position discussed
above and the categorical testimony of PW-3, the functional
disability of the petitioner is assessed as 10%. To apply the
multiplier, it is necessary to ascertain the age of the petitioner.
The petitioner has tendered on record copy of his Aadhar card
as Ex. PW1/1, as per which the year of his birth is mentioned
as 1970. The petitioner has also placed on record copy of his
PAN card, as per which his date of birth is 15.01.1970.
Hence, going by these documents, his age, as on 04.06.2015
i.e. date of accident was 45 years, 4 months and 20 days.
Therefore, in view of the law laid down by the Hon'ble
Supreme Court in case of Sarla Verma & Ors. Vs. Delhi
Transport Corporation & Anr., (2009) 6 SCC 121, which
has also been upheld by the Constitution Bench of the
Hon'ble Apex Court in a judgment of National Insurance
Company Ltd. Vs. Pranay Sethi & Ors. SLP (Civil) No.
25590 of 2014 dated 31.10.2017 and the judgment of Hon'ble
Delhi High Court in case New India Assurance Co. Ltd. Vs.
Harsh Wardhan & Ors., MAC App. No. 521/2008 decided
on 20.07.2017, the nearest multiplier of 14 is applicable for
MACP No. 117/16 & DAR No. 410/15 Page 10 of 21
calculating the loss of future earnings of the petitioner arising
out of above permanent disability.
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
21. The petitioner is also entitled to 25% future
prospects in view of the law laid down by the Hon'ble Apex
Court in the case of National Insurance Company Ltd. Vs.
Pranay Sethi & Ors.(Supra) as he was aged between 40 to
50 years at the time of accident and his job was not
permanent in nature. Thus, the loss of future earnings caused
to the petitioner due to his permanent disability comes to Rs.
1,90,008/- (Rs. 9,048/- X 12 X 14 X 125/100 X 10/100).
Giriraj vs Vinit Kohli & Anr (United India ... on 23 September, 2019
In view
of the law laid down by the Hon'ble Delhi High Court in case
Giriraj Vs. Viniti Kohli & Anr., MACA No. 639/19, decided
on 23.09.2019, R-3/Insurance Company is held entitled to a
right of recovery of the awarded amount from R-2, i.e. owner
of the offending vehicle. Therefore, R-3 is first liable to
deposit the awarded amount with UCO Bank, Patiala House
Court Branch, along with interest @ 7.5% per annum from
the date of filing of DAR either by way of crossed
cheque/DD in name of the petitioner or by way of deposit in
any e-form in bank account being maintained in the above
said bank in name of this tribunal within 30 days from today,
failing which it will be liable to pay interest at the rate of 9% per
annum for the period of delay.
The New India Assurance Co. Ltd. vs Kashmiri Lal And Ors. on 9 December, 2005
In case even after passage of 90
days from today, R-3 fails to deposit this compensation with
interest, in that event R-3 shall be liable to pay interest at the
rate of 9 % per annum for the period of delay beyond 90 days
MACP No. 117/16 & DAR No. 410/15 Page 15 of 21
from today and in light of judgment of the Hon'ble High
Court in the case of New India Assurance Company
Limited Vs. Kashmiri Lal2007 ACJ 688, this compensation
shall be recovered by attaching the bank account of R-3 with
a cost of Rs.5,000/-.