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1 - 10 of 10 (0.22 seconds)Gobald Motor Service Ltd. & Another vs R. M. K. Veluswami & Others on 14 April, 1961
6. Similarly, in Gobald Motor Service Ltd. & Anr. v. R.M.K.
Veluswami and Ors., AIR 1962 SC 1, it was inter-alia observed
as follows:-
General Manager, Kerala S.R.T.C vs Susamma Thomas on 6 January, 1993
In this
MAC. APP. No.875/2011&233/2012 Page 10 of 16
connection learned Counsel for the Insurance
Company has also drawn our attention to the
decision in the case of Kerala SRTC v. Susamma
Thomas, (1994) 2 SCC 176, particularly on
paragraph 8 of the report, where it is observed
that the principle in the case of Davies v. Powell
was adopted, in the case of Gobald Motors
(supra). It is thus submitted that principle of
balancing of loss and gains, so as to arrive at a
just and fair amount of compensation has been
accepted by this Court as well.
Mrs. Helen C. Rebello & Ors vs Maharashtra State Road Transport ... on 18 September, 1998
In Helen C. Rebello v. Maharashtra S.R.T.C., (1999) 1 SCC 90,
the Supreme Court held as follows:-
Udam Singh Sethi vs Tamal Das & Ors. on 26 October, 2009
9. This Court in Udam Singh Sethi v. Tamal Das and Ors. MAC.
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Royal Sundaram Alliance Insurance Co. ... vs Master Manmeet Singh & Ors. on 30 January, 2012
In the
circumstances, and on the principle laid down in Royal
Sundaram (supra) the Appellants in cross appeal were entitled
to compensation on the salary of a matriculate. The Appellants
in the cross appeal were not entitled to any addition as the
deceased was aged more than 50 years. The salary of a
matriculate on the date of the accident was ` 7410/- per month.
Adopting the multiplier of '11' according to the deceased's age
the loss of dependency would come to ` 9,78,120/-
(7410x12x11). In addition, the Claimants were rightly awarded
a sum of ` 1,52,000/- on account of the treatment, which was
not reimbursed by the Insurance Company on account of Medi-
claim policy. On adding notional sum of ` 25,000/- for the loss
of Love and Affection, ` 10,000/- each towards Loss of
Consortium, Loss of Estate and Funeral Expenses, the overall
compensation would come to ` 11,85,120/-.
Motor Vehicles Act, 1939
United India Insurance Co. Ltd. Etc. Etc vs Patrica Jean Mahajan And Ors. Etc. Etc on 8 July, 2002
In United India Insurance Co. Ltd. v. Patricia Jean Mahajan
(2002) 6 SCC 281, it was held that the deductions are
admissible from the amount of compensation in case the
MAC. APP. No.875/2011&233/2012 Page 8 of 16
claimant receive some benefit as a consequence of injuries
suffered which the Claimant otherwise would not have been
entitled to. The Supreme Court held as under:-
Sheikhupura Transport Co. Ltd vs Northern India Transport Insurance Co on 16 March, 1971
Reliance has also been
placed on a decision in Sheikhupura Transport Co.
Ltd. v. Northern India Transport Insurance
Company, (1971) 1 SCC 785, particularly to the
observations made by the Court in paragraph 6 of
the judgment where the principle in the case of
Gobald Motors (supra) has been reiterated.
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