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The New India Assurance Co. Ltd vs Mrs. Sushila Harendra Bahadur Singh And ... on 24 June, 2016
cites
Vimla Devi Khemka And Ors. vs General Manager, Madhya Pradesh State ... on 13 November, 1995
In so far
as whether the accident had occurred on account of the rash and negligent
driving of the driver of the truck is concerned, the MACT relied upon the
judgment of the Apex Court reported in II(2009) ACC page 444 (SC) in
the matter of Vimala Devi and others Vs. H.P.S.R.T.C. And others,
wherein the Apex Court has held that strict proof of accident caused by
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particular bus in particular manner may not be possible to be done by
claimant but the claimants are merely to establish their case on touchstone
of preponderance of probabilities.
Santosh Devi vs National Insurance Co.Ltd.& Ors on 23 April, 2012
In my view, having regard to the fact that there was evidence
by way of Income Tax Returns which was filed on behalf of the claimants
as well as considering the law laid down by the Apex Court in Santosh
Devi's case (supra), the amount arrived at by the MACT on account of
total dependency can be said to be just and reasonable.
Smt. Rajesh And Others vs Rajbir Singh And Others on 29 January, 2010
In so far as the last
contention of the Learned Counsel Mr. D. S. Joshi that Awarding
Rs.1,00,000/- each for loss of consortium and also loss of love and
affection, in my view, the said contention cannot be accepted in the light
of the judgment of the Apex Court in Rajesh's case (supra). In the said case
also the deceased were in the age group of 30 to 35 and the Apex Court
therefore deemed it appropriate to grant Rs.1,00,000/- on account of loss
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of consortium as also for the loss of love and affection . The award of the
said amounts therefore cannot be said to be exorbitant or excessive.
The Indian Penal Code, 1860
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