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1 - 4 of 4 (0.19 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
11. Death of Sri P.Sriramulu was out of rash or negligent
driving of the driver of Tata Sumo bearing registration No.AP-21-
V-5246 on 17.05.2006 and the existence of a valid and
enforceable insurance policy at the material point of time and the
fact that there were no violations of insurance policy conditions
have not been reagitated, rightly, before this Court. Therefore,
nothing more is required to be stated on that front. A minor girl
lost her father besides losing her mother and siblings also. The
claim is only with reference to death of the father. Towards
conventional heads their Lordships in National Insurance
Company Limited v. Pranay Sethi1, granted an amount of
70,000/- under the following heads:
National Insurance Co. Ltd. vs P. Subhashini Perumal And Ors. on 20 September, 2004
13. The evidence of PW.1 and the evidence of PW.4 - Village
Revenue Officer of Edruru Village and Ex.A.8/1B register do
show that the deceased was owning Ac.15.75 cents of
agricultural land. Before the Claims Tribunal a ruling of the
Hon'ble Madras High Court in National Insurance Company
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Dr. VRKS, J
M.A.C.M.A.No.1933 of 2012
Limited v. P.Subhashini Perumal2 was cited. Learned
Chairman considered it at paragraph No.17 of its impugned
award. Then it was expected of him to fix some amount of money
towards this source of income. He did not do it. He considered
the LIC commission as well as agricultural income together and
without making a definite finding simply recorded that in his
opinion Rs.7,000/- per month could be said to be the annual
income. This Court is unable to agree with such a rendering. It
has to be borne in mind that what the deceased owned in the
form of agricultural lands being an asset remains an asset even
after his death. In that view of the matter, the appellant/claimant
being the daughter may have become the owner of the said land.
However, during the lifetime of her deceased father he was the
one who was managing that asset. On his death it had to be
managed by someone else by payment of money. Therefore,
whatever that could be paid for a proper and reasonable way of
management of such lands could be stated to be the loss
suffered by the girl child for the loss of management of that asset
2
2005 ACJ 61/2004 SCC Online Mad 625
12
Dr. VRKS, J
M.A.C.M.A.No.1933 of 2012
by her father. If one is to say that Rs.5,000/- per month is needed
for management of this asset, it comes to Rs.60,000/- per year.
That could be stated to be the loss suffered by the girl child on
the death of her father with reference to agricultural land.
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