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1 - 10 of 16 (0.22 seconds)The Motor Vehicles Act, 1988
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
23. The Tribunal awarded Rs.1,00,000/- to the petitioners
towards love and affection and Rs.20,000/- towards funeral
expenses which needs to modified. As per the decision of the
Apex Court in National Insurance Company Ltd. Vs. Pranay
Sethi (supra), petitioners are entitled to a sum of Rs.36,300/-
(Rs.15,000/- +Rs.15,000/- +10%+10%) towards loss of estate
and funeral expenses.
Manager, National Insurance Co.Ltd vs Saju P.Paul & Anr on 3 January, 2013
19. With regard to the Tribunal's finding that the deceased
was not a gratuitous passenger, learned counsel appearing for
the respondent insurance company had contended that the
Tribunal erred by not considering the deceased as a gratuitous
passenger. Even if such a contention were to be accepted, it
would not disentitle the petitioners from getting compensated,
in light of the judgment of the Hon'ble Apex Court in
Manuara Khatun (supra), which had placed reliance on
Manager, National Insurance Company Limited vs. Saju P.
Paul & Anr 5, wherein the direction to the insurance company
was to pay the compensation and recover the same from the
insured. Section 147(1) of the MV Act states as follows:
National Insurance Co.Ltd vs Parvathneni & Anr on 31 August, 2009
15) The aforesaid question, in our opinion, remains no more
res integra. As we notice, it was subject matter of several
decisions of this Court rendered by three Judge Bench and
two Judge Bench in past, viz., National Insurance Co. Ltd.
vs. Baljit Kaur & Ors., (2004) 2 SCC 1, National Insurance
Co. Ltd. vs. Challa Upendra Rao & Ors., (2004) 8 SCC 517,
National Insurance Co. Ltd. vs. Kaushalaya Devi & Ors.,
(2008) 8 SCC 246, National Insurance Co. Ltd. vs. Roshan
1
2017 (4) SCC 796
6
Lal, [Order dated 19.1.2007 in SLP© No. 5699 of 2006], and
National Insurance Co. Ltd. vs. Parvathneni & Anr., (2009) 8
SCC 785.
United India Insurance Co. Ltd., Shimla vs Tilak Singh And Ors on 4 April, 2006
16. The learned counsel for respondent Insurance Company
relied upon the judgment of this Court in M.A.C.M.A No.670 of
2021 decided on 08.06.2022 with regard to an Act policy
wherein the respondent Insurance Company relied upon the
judgment of the Apex Court in United India Insurance
10
Company Limited Vs. Tilak Singh and others 3;wherein it
was held that:
United India Insurance Company Ltd vs Lehru And Ors on 28 February, 2003
20. Further, the Tribunal has rightly relied upon the
judgment of the Hon'ble Apex Court in United India Insurance
Company Ltd vs Lehru And Ors. 6, wherein the liability of the
insurance company was specified, and it was clearly held:
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
deduction, the deceased's contribution would be
Rs.2,80,005.50ps [Rs.5,60,011/- (minus) Rs.2,80,005.50ps],
rounded off to Rs.2,80,006/-. Since the age of the deceased
was 23 years at the time of the accident, the Tribunal rightly
considered the multiplier as '18' as per the decision of the Apex
Court reported in Sarla Verma Vs. Delhi Transport
Corporation 8. Adopting multiplier '18', the total loss of
dependency comes to Rs.2,80,006 x 18 = Rs.50,40,108/-.