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1 - 10 of 14 (1.66 seconds)Section 171 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 34 in The Code of Civil Procedure, 1908 [Entire Act]
Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018
In Magma General (supra), this Court gave a
comprehensive interpretation to consortium to
include spousal consortium, parental consortium,
as well as filial consortium. Loss of love and
affection is comprehended in loss of consortium.
Ram Charan & Ors. vs The New India Assurance Co. Ltd. & Ors. on 18 October, 2022
39. It may be noted that in the judgment of Ram Charan &
Ors. Vs. The New India Assurance Co. Ltd., MAC Appeal no.
433/2013, decided on 18.10.2022, following observations
regarding rate of interest were made:
Abati Bezbaruah vs Dy. Director General Geological Survey ... on 14 February, 2003
Three decisions were cited before us by Mr. A.
P. Mohanty, learned counsel appearing on
behalf of the Appellant, in support of his
contentions. No ratio has been laid down in any
of the decisions in regard to the rate of interest
and the rate of interest was awarded on the
amount of compensation as a matter of judicial
discretion. The rate of interest must be just and
reasonable depending upon the facts and
circumstances of each case and taking all
relevant factors including inflation, change of
economy, policy being adopted by Reserve
Bank of India from time to time, how long the
case is pending, permanent injuries suffered by
the victim, enormity of suffering, loss of future
income, loss of enjoyment of life etc. into
consideration. No rate of interest is fixed under
Section 171 of the MV Act 1988. Varying rates
of interest are being awarded by Tribunals,
High Courts and the Supreme Court. Interest
can be granted even if a claimant does not
specifically plead for the same as it is
consequential in the eye of the law. Interest is
compensation for forbearance or detention of
money and that interest being awarded to a
party only for being kept out of the money
which ought to have been paid to him.
Erudhaya Priya vs State Express Transport Corporation ... on 27 July, 2020
40. Having regard to the prevailing rate of interest and the
judgments of Hon'ble Supreme Court of India, including in the
case of Erudhaya Priya vs State Express Transport decided on 27
July, 2020, Civil Appeal Nos. 2811-2812 OF 2020 [Arising out of
SLP (C) Nos.8495-8496 of 2018], which is three Judges Bench
judgment of Hon'ble Supreme Court, such interest @ 9% per
annum is deemed fit and accordingly granted in the present case.
Bajaj Allianz General Insurance ... vs Union Of India on 16 November, 2021
In compliance of directions issued vide order dated
16.11.2021 by Hon'ble Supreme Court of India in Writ Petition
Civil No.534/2020 titled as Bajaj Allianz General Insurance Co.
Pvt. Ltd. Vs. Union of India the award amount shall be deposited
with State Bank of India, Saket Court Branch, New Delhi by way
of RTGS/NEFT/IMPS in account of MACT FUND PARKING,
A/c No. 00000042706870765, IFS Code SBIN0014244 and
MICR code 110002342 under intimation to the Nazir in the
prescribed format i.e. MCOP Number on the file of (Claims
Tribunal Name) Date of award, Compensation Amount, Income
Tax Deduction at Source, Bank Transaction Reference
No./Unique Transaction Reference (UTR) Number. In turn, the
State Bank of India, Saket Courts Branch shall receive the
deposited sum and capture the above information and furnish a
statement of account on a daily basis to the Nazir of this Tribunal
to reconcile the deposits of compensation and the respective
MCOPs towards which such deposits are made. On such deposits
being made, the insurance company shall submit a letter to the
Nazir of this Tribunal enclosing a copy of the said bank advice,
in prescribed format as above, as per which the deposit made to
the bank account of this Tribunal, to enable this Tribunal to keep
tab on the deposits made and the MCOPs for which they were
made. The Payment advice for remittance of compensation is as
under:
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021
43. This Tribunal is in receipt of the orders dated 07.12.2018
passed by the Hon'ble High Court of Delhi in FAO no. 842/2003
titled as Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors whereby the
Hon'ble High Court of Delhi has formulated MACAD (Motor
Accident Claims Annunity Deposit Scheme) which has been
made effective from 01.01.2019. The said orders dated
07.12.2018 also mentions that 21 banks including State Bank of
India is one of such banks which are to adhere to MACAD. The
State Bank of India, Saket Courts, Delhi is directed to disburse
the amount in accordance with MACAD formulated by the
Hon'ble High Court of Delhi.