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1 - 10 of 14 (0.31 seconds)The Motor Vehicles Act, 1988
National Insurance Company Ltd vs Pranay Sethi And Others on 22 June, 2022
It is relevant to note that as per the recent
decision of Hon'ble Supreme Court in special leave
petition No. 25590/2014 between National Insurance
Company Vs Pranay Sethi and others and other
connected petitions, even in case of the death of self
employed and fixed salary also, the Dependants are entitled
for future prospects. Therefore, in the present case since
37 MVC No.7038 & 7039/2018
SCCH24
the Petitioner is less than 40 years age, 40% future
prospects have to be added to his monthly income.
United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. on 30 June, 2020
The Petitioner Nos.1 and 2 are the parents of the
deceased. They have lost their loving son. If he was alive he
would taken care of them and given full love and affection to
the Petitioners. In Magma General Insurance company
Limited the Hon'ble Apex court has considered the
compensation under head of loss of consortium. The
Hon'ble Apex court in three judge Bench in United Indian
39 MVC No.7038 & 7039/2018
SCCH24
Insurance Company Ltd. Vs. Satinder Kaur @ Satvinder
Kaur and others, (2020) SCC online 410, had reaffirmed the
view of the two judge Bench in Magma General Insurance
company Ltd. In Paragraph 53 to 65, dealt with three
conventional heads and discussed about "Consortium" to be
a compendious term, which encompasses spousal
consortium, parental consortium, as well as filial
consortium. The right to consortium would include the
company, care, help, comfort, guidance, solace and affection
of the deceased, which is a loss to his family. Filial
Consortium - A child's society, affection and companionship
given to a parent. Therefore, the claimants are also entitled
for compensation under the head of consortium. Therefore,
the Petitioners are entitled a sum of Rs.80,000/
(Rs.40,000/ each) under this head. The total
compensation comes to Rs.18,99,000/. As discussed
above if the 50% negligence on the part of the deceased is
deducted then the compensation comes to Rs.9,49,500/
40 MVC No.7038 & 7039/2018
SCCH24
(Rs.18,99,000/ Rs.9,49,500/). As such, in total, the
Petitioners are entitled for a sum of Rs.9,49,500/ along
with interest at the rate of 6% per annum.
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Section 158 in The Motor Vehicles Act, 1988 [Entire Act]
Section 163 in The Motor Vehicles Act, 1988 [Entire Act]
Lachoo Ram & Ors vs Himachal Road Transport Corpn on 28 January, 2014
Bangalore Metropolitan Transport Corporation Vs H.N
Govindaraju & Anr., (3) 2014 AIR SCW 1081: Lachoo Ram &
Ors., Vs. Himachal Road Transport Corpn., (4) MFA
No.2829/2009 (MV) : Manju Vs. Mathue K.P & Anr., (5)
MFA No.962/2012 c/w MFA No.989/2012 (MV) : H.S
Panchakshariah V.s The New India Assurance Co.Ltd., &
Anr., (6) MFA No.2921/2012 (MV) : Smt.Vijayalakshmi R.N
& Ors., Vs. Karnataka State Road Transport. I have also
perused the said decisions and written arguments.
The Indian Penal Code, 1860
Manju S/O Mahadevappa vs Mathue K.P S/O K A Paili on 3 January, 2011
Bangalore Metropolitan Transport Corporation Vs H.N
Govindaraju & Anr., (3) 2014 AIR SCW 1081: Lachoo Ram &
Ors., Vs. Himachal Road Transport Corpn., (4) MFA
No.2829/2009 (MV) : Manju Vs. Mathue K.P & Anr., (5)
MFA No.962/2012 c/w MFA No.989/2012 (MV) : H.S
Panchakshariah V.s The New India Assurance Co.Ltd., &
Anr., (6) MFA No.2921/2012 (MV) : Smt.Vijayalakshmi R.N
& Ors., Vs. Karnataka State Road Transport. I have also
perused the said decisions and written arguments.