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Anguri Devi & Ors vs Jagtar Alias Neeka & Ors on 9 November, 2020 cites

National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017

There is no dispute that the deceased Rajesh was 26 years old at the time of his death. Learned Tribunal while taking the deceased Rajesh to be an unskilled labourer assessed his income as Rs. 4500/-per month and awarded a sum of Rs.6,87,000/-. Minimum wages of an unskilled labourer in the State of Haryana at the time of the accident was Rs.4643/-. Thus, income of the deceased is assessed as Rs.4650/-.40% increment has to be afforded on account of future prospects in terms of the judgment of the Hon'ble Supreme Court in National Insurance Company Limited v. Pranay Sethi and others, 2017(16) SCC 680. 1/3rd deduction has been correctly effected. Multiplier of 17 has been correctly applied.
Supreme Court of India Cites 32 - Cited by 9815 - D Misra - Full Document

Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018

20 of 22 ::: Downloaded on - 20-12-2020 00:35:02 ::: FAO No. 8641 of 2014 (O&M) 21 The claimants are not entitled to a sum of Rs.25,000/- on account of loss of love and affection. Instead of Rs.25000/- on account of funeral expenses, the claimants are entitled to Rs.15,000/-, besides, another sum of Rs.15,000/- on account of loss of estate. Appellant No. 1 - widow of the deceased is entitled to Rs.40,000/- towards spousal consortium and appellants No. 2 and 3 - parents of the deceased are held entitled to Rs.40,000/- each towards loss of filial consortium in terms of the judgment of the Hon'ble Supreme Court in Magma General Insurance Company Limited's case (supra)and Satinder Kaur @ Satwinder Kaur's case (supra). Appellants/claimants are, thus, entitled to compensation which is reworked as under:-
Supreme Court of India Cites 7 - Cited by 4992 - I Malhotra - Full Document

United India Insurance Co.Ltd vs Sube Singh And Others on 15 January, 2014

There is no dispute that Mona was 23 years old at the time of her death. The deceased was taken to be a housewife as there is no evidence on record to prove that she had income from any source. It is a settled position that services 18 of 22 ::: Downloaded on - 20-12-2020 00:35:02 ::: FAO No. 8641 of 2014 (O&M) 19 rendered by a housewife are multifarious. She renders invaluable services in her various facets/roles in a home. Learned counsel for the claimants refers to FAO No. 218 of 2014 (United India Insurance versus Sube Singh) to submit that income of deceased Mona should be assessed as Rs.9000/- per month. However, I do not find any ground to assess income of deceased Mona with reference to the said matter. This Court in FAO No.3395 of 2015 has assessed income of a housewife to be Rs.7,000/- per month in respect to an accident which took place in the year 2011. In the present case, the accident had taken place on 11.09.2011. Keeping in view the facts and circumstances of the present case, including the age of the deceased, it is considered just and expedient to assess notional income of the deceased as Rs.7,000/- per month.
Punjab-Haryana High Court Cites 1 - Cited by 56 - Full Document

Paramjit Singh And Another vs Dilbagh Singh Alias Bagga And Others on 16 May, 2013

In view of the Division Bench judgment of this Court in Paramjit Singh and another v. Dilbagh Singh @ Bagga and others, 2014(4) RCR (Civil) 895, no deduction is to be effected in the compensation to be awarded in the case of death of a housewife. Multiplier of 18, instead of 17, has to be applied as the deceased was 23 years old at the relevant time. The claimants are not entitled to Rs.25,000/Rs.50,000/- on account of loss of love and affection. Instead of Rs.25,000/- on account of funeral expenses, the claimants are entitled to Rs.15,000/-, besides, another sum of Rs.15,000/- on account of loss of estate.
Punjab-Haryana High Court Cites 6 - Cited by 139 - R K Jain - Full Document

Montford Borthers Of St.Gabriel & Anr vs United India Insurance & Ors on 28 January, 2014

The Hon'ble Supreme Court in Montford Brothers of St. Gabriel and another v. United India Insurance and another 2014 (3) SCC 398, rejected the plea that the right of filing a claim should be controlled by the provisions of Fatal Accident Act. The term legal representative was stated to have the same meaning as assigned to it in clause (11) of Section 2 of CPC. The contention that unless and until there is evidence in support of such pleading that the claimant is not a legal representative, the claim petition cannot be dismissed as not maintainable, was accepted. The Hon'ble Supreme Court held that the term legal representatives included the charitable society registered under the Societies Registration Act, 1960 to be the LR of the deceased therein who had renounced the world and had joined the said society.
Supreme Court of India Cites 14 - Cited by 51 - S K Singh - Full Document
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