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1 - 10 of 20 (0.24 seconds)The Oriental Insurance Company Ltd. vs Mangey Ram And Others on 27 January, 2010
21. We would place reliance on the decisions in Malarvizhi & Ors Vs. United India Insurance Company Limited and Another, 2020 (4) SCC 228 and United India Insurance Co. Ltd. Vs. Indiro0 Devi & Ors, 2018 (7) SCC 715. and in The Oriental Insurance Company Ltd. Vs. Mangey Ram and others, 2019 0 Supreme (All) 1067 and the recent judgment of the Apex Court in New India Assurance Company Vs. Urmila Shukla decided by the Apex Court on 6.8.2021 reported in MANU/SCOR/24098/2021 and Kirti and others vs oriental insurance company ltd reported in 2021(1) TAC 1 for commputing the compensation payable to the heirs legal representative of all four deceased on what basis, the Tribunal has disregarded the income and cannot deduct the amounts as deducted by Tribunal as income would increase unless proved otherwise. The factors to be considered for evaluating quantum of compensation reads as follows:
The Motor Vehicles Act, 1988
Pramodkumar Rasikbhai Jhaveri vs Karmasey Kunvargi Tak & Ors on 5 August, 2002
13. The judgments of Pramodkumar Rasikbhai Jhaveri Vs. Karmasey Kunvargi Tak and others decided on 05.08.2002 in Appeal (Civil) No. 5436 of 1994, (2) Raj Rani and others Vs. Oriental Insurance Company Limited and others decided on 06.05.2009 in Civil Appeal No. 33-3318 of 2009 (Arising out of SLP (C) Nos.
Archit Saini vs Oriental Insurance Company Ltd. on 9 February, 2018
2792-27793 of 2008) and (3) Archit Saini Vs. Oriental Insurance Company Ltd. And others, 2018 ) AIR (SC) 1143, will also permit us to revaluate the percentage of the negligence of the deceased. The Tribunal has held that the deceased too was negligent in driving the vehicle.
Montford Borthers Of St.Gabriel & Anr vs United India Insurance & Ors on 28 January, 2014
19. Learned counsel for appellant has relied on the decision of the Apex Court titled as Montford Brothers of St. Gabriel and another Vs. United India Insurance and another, 2014 1 ACC 461 and on the judgment of Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai to contend that legal representative is considered and not dependent and the learned counsel for respondent has relied on the decision of Apex Court in National Insurance Company Ltd. Vs. Birender and others, 2020 LawSuit (SC) 26, so as to contend that the dependents of the deceased, who has received benefits would not be entitled for the same. The learned counsel for the appellant has also relied on the said judgment.
Gujarat State Road Transport ... vs Ramanbhai Prabhatbhai & Another on 11 May, 1987
19. Learned counsel for appellant has relied on the decision of the Apex Court titled as Montford Brothers of St. Gabriel and another Vs. United India Insurance and another, 2014 1 ACC 461 and on the judgment of Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai to contend that legal representative is considered and not dependent and the learned counsel for respondent has relied on the decision of Apex Court in National Insurance Company Ltd. Vs. Birender and others, 2020 LawSuit (SC) 26, so as to contend that the dependents of the deceased, who has received benefits would not be entitled for the same. The learned counsel for the appellant has also relied on the said judgment.
National Insurance Company Ltd. vs Birender on 13 January, 2020
19. Learned counsel for appellant has relied on the decision of the Apex Court titled as Montford Brothers of St. Gabriel and another Vs. United India Insurance and another, 2014 1 ACC 461 and on the judgment of Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai to contend that legal representative is considered and not dependent and the learned counsel for respondent has relied on the decision of Apex Court in National Insurance Company Ltd. Vs. Birender and others, 2020 LawSuit (SC) 26, so as to contend that the dependents of the deceased, who has received benefits would not be entitled for the same. The learned counsel for the appellant has also relied on the said judgment.
Sudarsan Puhan vs Jayanta Kumar Mohanty And Anr. Etc. on 20 September, 2018
7. The Apex Court in Sudarsan Puhan Vs Jayanta K Mohanty and Another Etc.
Malarvizhi vs United India Insurance Co. Ltd. on 9 December, 2019
21. We would place reliance on the decisions in Malarvizhi & Ors Vs. United India Insurance Company Limited and Another, 2020 (4) SCC 228 and United India Insurance Co. Ltd. Vs. Indiro0 Devi & Ors, 2018 (7) SCC 715. and in The Oriental Insurance Company Ltd. Vs. Mangey Ram and others, 2019 0 Supreme (All) 1067 and the recent judgment of the Apex Court in New India Assurance Company Vs. Urmila Shukla decided by the Apex Court on 6.8.2021 reported in MANU/SCOR/24098/2021 and Kirti and others vs oriental insurance company ltd reported in 2021(1) TAC 1 for commputing the compensation payable to the heirs legal representative of all four deceased on what basis, the Tribunal has disregarded the income and cannot deduct the amounts as deducted by Tribunal as income would increase unless proved otherwise. The factors to be considered for evaluating quantum of compensation reads as follows: