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Sh. Rakesh Passi S/O Sh. B.N. Passi ... ... vs Hawa Singh S/O Sh. Hanuman Singh on 8 April, 2015
cites
Lalta Devi & Anr. vs Hdfc Ergo General Insurance Co Ltd & Ors. on 12 January, 2015
Relying upon the judgment of Hon'ble High
Court of Delhi in HDFC Ergo General Insurance Co. Ltd. Vs.
Lalta Devi & Ors., I am of the view that the petitioners are not
entitled to any addition towards the future prospects.
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Smt. Bishekha Devi & Anr. vs Mohd. Afsar & Ors. on 30 October, 2012
Vide separate order announced in the open court today, the
petition stands allowed. The respondent No.3/Insurance company is
hereby directed to pay the compensation of Rs.5,33,500/ within one
month to the petitioner no.2 (mother of deceased). Following the
judgment of Smt. Bishekha Devi & Anr. Vs. Mohd. Afsar & Ors.
MAC. APP. 1087/2012 passed by Hon'ble Delhi High Court, the
Insurance Company shall also pay interest @ 9% p.a. on the total
compensation amount from the date of petition till realization to the
petitioners.
The New India Assurance Co. Ltd. vs Kashmiri Lal And Ors. on 9 December, 2005
In case, the Insurance
Company fails to deposit this compensation with proportionate
interest, in that event, in the light of the judgment of the Hon'ble High
Court of Delhi in the case of New India Assurance Company Limited
Vs. Kashmiri Lal, 2007 ACJ 688, this compensation shall be
recovered by attaching the bank account of the Insurance Company
with a cost of Rs.10,000/.
Mrs. Updesh Kaur And Ors. vs Jagram And Ors. on 4 November, 2003
I am placing reliance upon the judgment in support of my
observations which are as follows : (i) Rajrani (Supra), (ii) Mrs.
Updesh Kaur & Ors. Vs. Jagram & Ors., III (2004) ACC 106, (iii)
Renuka Devi H. Vs. Banglore Metropolitan Transport
Corporation, 2008 ACJ 1188, (iv) Sri Krishna Vishveshwar hegde
Vs. General Manager, Karnataka, SRTC, 2008 ACJ 1617.
Shyamvati Sharma & Ors vs Karam Singh & Ors on 13 July, 2010
In
view of the judgments in Manasvi Jain Vs. DTC, II (2014) ACC
420 (SC) and another judgment of Hon'ble Apex Court in
Shyamwati Sharma & Ors. Vs. Karam Singh & Ors., V (2010)
SLT 328, after necessary deductions of conveyance allowance, as
per Ex.PW1/A and PW1/B which shows his revised annual salary
as Rs.4,01,400/ w.e.f. 01.04.2007, his salary is taken as Rs.
3,91,800/ per annum (Rs.4,01,400.00 - Rs.9,600.00). After
deduction of Tax of Rs.19,000/, the same comes to Rs.3,72,800/
per annum.
National Insurance Co. Ltd vs Shyam Singh & Ors on 4 July, 2011
21.In view of judgments rendered in "Sarla Verma & Ors. Vs. DTC
& Anr., (2009) ACJ 1298", "National Insurance Co. Ltd. Vs.
Shyam Singh & Ors., (2011) 7 SCC 65" and in "HDFC Ergo
General Insurance Co. Ltd. Vs. Lalta Devi & Ors. decided on
12.01.2015 by Hon'ble Delhi High Court", while assessing the
dependency in case of death of an unmarried, the multiplier of 5
shall be applicable. The age of the Smt. Neelam Passi, mother of
deceased is to be taken as 65 years as per Ration Card Ex.PW1/C as
on the date of accident.
Reshma Kumari & Ors vs Madan Mohan & Anr on 2 April, 2013
22.In HDFC Ergo General Insurance Co. Ltd. Vs. Lalta Devi & Ors.
(Supra), in which the judgment of Hon'ble Apex Court in Reshma
Kumari & Ors. Vs. Madan Mohan & Anr., (2013) 9 SCC 65 and
in Union of India & Ors. Vs. S.K. Kapoor, (2011) 4 SCC 589 and
further of The New India Assurance Company Ltd. Vs. Harpal &
Others, MAC APP 138/11 decided on 06.09.2013 were discussed
and the three Judge Bench Decision in Reshma Kumari & Ors.
(Supra) was held to be taken as a binding precedent on the aspect
of future prospects.
Union Of India & Ors vs S.K.Kapoor on 16 March, 2011
22.In HDFC Ergo General Insurance Co. Ltd. Vs. Lalta Devi & Ors.
(Supra), in which the judgment of Hon'ble Apex Court in Reshma
Kumari & Ors. Vs. Madan Mohan & Anr., (2013) 9 SCC 65 and
in Union of India & Ors. Vs. S.K. Kapoor, (2011) 4 SCC 589 and
further of The New India Assurance Company Ltd. Vs. Harpal &
Others, MAC APP 138/11 decided on 06.09.2013 were discussed
and the three Judge Bench Decision in Reshma Kumari & Ors.
(Supra) was held to be taken as a binding precedent on the aspect
of future prospects.