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New India Assurance Co. Ltd vs Satpal & Ors on 30 August, 2018 cites

New India Assurance Co. Ltd vs Vinish Jain And Ors Etc Etc on 23 February, 2018

As far as FAO No.9564 of 2014 is concerned, counsel for the appellant/Insurance Company cites New India Assurance Co. Ltd v. Vinish Jain (SC) 2018(1) PLR 759 to contend that there would have to be a deduction of 50%. Counsel for the claimants, however, points out that this is a case where the deceased was a home maker and since her income was only notional, there could be no deduction in view of the Division Bench judgment of this Court in Paramjit Singh and another Versus Dilbagh Singh alias Bagga and others, 2014(4) RCR (Civil) 895. Faced with this, counsel for the Insurance Company points out that if deduction could not be made, then by that same logic, future prospects could not be granted, and has relied upon the decision of this Court in Manjit Singh and another Versus Satish Kumar and others, FAO No.355 of 2017, decided on 14.11.2017.
Supreme Court of India Cites 2 - Cited by 78 - D Gupta - Full Document

Harpal Kaur & Ors vs Parmod Kumar & Anr on 1 June, 2016

In FAO Nos. 9557 of 2014 and 1100 of 2015, the deceased was a woman. As per the claimants she was working as a maid servant but since no evidence of that was led, the Tribunal took her to be a home maker and took her income at ` 5,000/-. Counsel for the claimants relies upon the decision of this Court in Harpal Kaur and others vs Parmod Kumar and another, FAO No.3680 of 2009, decided on 1.6.2016, where this Court after discussing the decision of the Supreme Court in Lata Wadhwa and others v. State of Bihar and others, reported as 2001(4) RCR (Civil) 673 had taken the income of a home maker at ` 9,000/- in the case of accident which took place in 2013. The same amount be taken in this case also. Counsel for the claimants also points out that in the present case, there was no proof of age but in the claim petition it was mentioned that the age of the deceased was 35 years and even in the post mortem report it was found that the age was approximately 35 years but without any reason, the Tribunal took it as 36 years. Counsel for the Insurance Company is not in a position to refute this argument.
Punjab-Haryana High Court Cites 4 - Cited by 9 - Full Document

Lata Wadhwa & Ors vs State Of Bihar & Ors on 16 August, 2001

In FAO Nos. 9557 of 2014 and 1100 of 2015, the deceased was a woman. As per the claimants she was working as a maid servant but since no evidence of that was led, the Tribunal took her to be a home maker and took her income at ` 5,000/-. Counsel for the claimants relies upon the decision of this Court in Harpal Kaur and others vs Parmod Kumar and another, FAO No.3680 of 2009, decided on 1.6.2016, where this Court after discussing the decision of the Supreme Court in Lata Wadhwa and others v. State of Bihar and others, reported as 2001(4) RCR (Civil) 673 had taken the income of a home maker at ` 9,000/- in the case of accident which took place in 2013. The same amount be taken in this case also. Counsel for the claimants also points out that in the present case, there was no proof of age but in the claim petition it was mentioned that the age of the deceased was 35 years and even in the post mortem report it was found that the age was approximately 35 years but without any reason, the Tribunal took it as 36 years. Counsel for the Insurance Company is not in a position to refute this argument.
Supreme Court of India Cites 8 - Cited by 1298 - Full Document

National Insurance Company Ltd vs Pranay Sethi Son Of Late Prashant Sethi ... on 20 April, 2011

Counsel for the Insurance Company further points out that under conventional heads, the Tribunal has awarded higher amount and as per the decision of the Supreme Court in National Insurance Company Limited vs Pranay Sethi and others, 2017(4) RCR (Civil) 1009, a sum of 3 of 4 ::: Downloaded on - 07-10-2018 16:47:55 ::: FAO No.9557 of 2014 ::4::
Punjab-Haryana High Court Cites 0 - Cited by 10133 - K Kannan - Full Document
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