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Santosh S/O Khaduji Mangrulkar vs Abdul Jabbar S/O Abdul Rahim And 4 Others on 27 June, 2017 cites

Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009

28] The petitioners then also become entitled to the compensation on other additional heads, like to the loss of consortium, loss of love and affection and the funeral expenses. The Tribunal has awarded the amount of Rs.10,000/- towards loss of estate and the amount of Rs.5000/- towards funeral expenses. Learned counsel for the petitioners has therefore, placed reliance on the recent decision of the Apex Court in the case of Rajesh v. Rajbir Singh (supra), wherein it was held that the amount of compensation towards loss of consortium which is fixed in the range of Rs.5000/- to Rs.10,000/-, in the case of Sarla Verma (Smt.) and others v. Delhi Transport Corporation and ::: Uploaded on - 07/07/2017 ::: Downloaded on - 28/08/2017 08:06:14 ::: fa400.15+.J.odt 29 another needs to be revisited and accordingly, it was held that it would be just and reasonable that the courts award at least Rs.1,00,000/- for loss of consortium and Rs.1,00,000/- for loss of care and guidance for minor children. In the instant case, though the deceased was bachelor however, as his parents and sister have lost his love and affection, the amount of Rs.50,000/- needs to be awarded towards to the loss of estate, love and affection and Rs.25,000/- towards the funeral expenses.
Supreme Court of India Cites 12 - Cited by 20141 - R V Raveendran - Full Document

Smt. Rajesh And Others vs Rajbir Singh And Others on 29 January, 2010

28] The petitioners then also become entitled to the compensation on other additional heads, like to the loss of consortium, loss of love and affection and the funeral expenses. The Tribunal has awarded the amount of Rs.10,000/- towards loss of estate and the amount of Rs.5000/- towards funeral expenses. Learned counsel for the petitioners has therefore, placed reliance on the recent decision of the Apex Court in the case of Rajesh v. Rajbir Singh (supra), wherein it was held that the amount of compensation towards loss of consortium which is fixed in the range of Rs.5000/- to Rs.10,000/-, in the case of Sarla Verma (Smt.) and others v. Delhi Transport Corporation and ::: Uploaded on - 07/07/2017 ::: Downloaded on - 28/08/2017 08:06:14 ::: fa400.15+.J.odt 29 another needs to be revisited and accordingly, it was held that it would be just and reasonable that the courts award at least Rs.1,00,000/- for loss of consortium and Rs.1,00,000/- for loss of care and guidance for minor children. In the instant case, though the deceased was bachelor however, as his parents and sister have lost his love and affection, the amount of Rs.50,000/- needs to be awarded towards to the loss of estate, love and affection and Rs.25,000/- towards the funeral expenses.
Punjab-Haryana High Court Cites 4 - Cited by 5161 - R Bindal - Full Document

National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004

32] However, the further question for consideration is whether on that count the insurance company can be totally exonerated from its liability to compensate the third party ::: Uploaded on - 07/07/2017 ::: Downloaded on - 28/08/2017 08:06:14 ::: fa400.15+.J.odt 31 like the petitioners? The law in this respect is no more res integra as it is fairly settled by the judgment of the Apex Court in the case of National Insurance Co. Ltd. vs. Swaran Singh and others reported in 2004 ACJ 1. The very question raised for consideration in the said case was, as to whether the insurance company is liable to satisfy the award if the vehicle was driven by a person holding a learner's licence at the time of accident, and it was held that "a person holding a learner's licence would thus also come within the purview of duly licenced as such a licence is also granted in terms of provisions of Motor Vehicles Act and Rules framed there under. Hence, even if there exists a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learner's licence, the same would run counter to the provisions of Section 149 (2) of the Motor Vehicles Act. Hence, the insurance company has to satisfy the claim of the third party and then to recover the awarded amount from the owner or driver of the vehicle."
Supreme Court of India Cites 68 - Cited by 3847 - Full Document

Santosh Devi vs National Insurance Co.Ltd.& Ors on 23 April, 2012

24] Therefore, having regard to this entire evidence ::: Uploaded on - 07/07/2017 ::: Downloaded on - 28/08/2017 08:06:14 ::: fa400.15+.J.odt 24 on record, it has to be held that the liability of the contributory negligence on the part of the deceased in the accident that has occurred, is definitely far more, and it is to the extent of 75%. Whereas the contributory negligence of the driver of the tractor and trolley is proved to the extent of 25% only, considering that it was driven on the tar road and the driver was not having valid and effective driving licence. 25] Now coming to the quantum of compensation, the petitioners have claimed the compensation of Rs.5,00,000/- on the count that the deceased was 26 years of age and earning salary of Rs.5000/- per month from his service in M/s. Nagpur Auto Deal. However, as rightly held by Tribunal, no documentary or oral evidence of the Manager of the M/s. Nagpur Auto Deal is produced on record to show that the deceased was working as employee with M/s. Nagpur Auto Deal and drawing a salary of Rs.5000/- per month. His salary certificate is also not produced on record. Therefore, the Tribunal has rightly considered the notional income of Rs.3000/- per month and applied the multiplier of '17'. The Tribunal has however, not granted additional ::: Uploaded on - 07/07/2017 ::: Downloaded on - 28/08/2017 08:06:14 ::: fa400.15+.J.odt 25 amount towards the future prospects of the deceased and in this respect the Tribunal has committed an error in not relying on the judgment of Santosh Devi v. National Insurance Co. Ltd. referred (supra) though cited before it on the count that it is a two bench judgment.
Supreme Court of India Cites 9 - Cited by 2663 - G S Singhvi - Full Document

The National Insurance Co.Ltd vs Smt Jayashree Shankar Shinde on 15 July, 2011

22] As regards the authority relied upon by the learned counsel for the petitioners, that of National Insurance Co. Ltd. vs. Smt. Jayashri and others reported in 2015 (1) T.A.C. 418 (Bom.), in that case except for the opinion of some witnesses that the deceased was riding the bicycle in a zigzag manner and smelt of liquor, there was no other evidence showing that the deceased was under the influence of ::: Uploaded on - 07/07/2017 ::: Downloaded on - 28/08/2017 08:06:14 ::: fa400.15+.J.odt 23 alcohol. Hence, it was held that unless the blood samples were obtained and sent for analysis, there cannot be conclusive proof of alleged intoxication. Here there is medical and forensic evidence produced in the form of the opinion, expressed by the Doctor who has conducted the postmortem, categorically stating that the stomach contents were having odour of alcohol.
Karnataka High Court Cites 1 - Cited by 2 - N Kumar - Full Document
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