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1 - 10 of 12 (0.24 seconds)Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Section 136 in The Indian Evidence Act, 1872 [Entire Act]
Chanderi Devi & Anr vs Jaspal Singh & Ors on 31 March, 2015
27. Mr. Joshi further relied upon the judgment of the Supreme Court in
Chanderi Devi and Anr. v. Jaspal Singh and Ors .1 According to him, in the
absence of proof of the vocation or income of the deceased, Mrs. Sawlani,
she, being a housewife, could only be assigned a notional income of Rs.
3,000/- per month. Therefore, the quantification of compensation ought to
be based on that amount. Similarly, the rate of interest granted by the
MACT at 9% per annum should instead have been 7.5% per annum from
the date of the judgment of the MACT, considering the prevailing banking
trends.
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
80. The funeral expenses and loss of estate are to be computed at
Rs.15,000/- to be enhanced @ 10% for every three years in terms of the
decision of the Supreme Court in Pranay Sethi (supra) which has been duly
followed in a subsequent judgment of the Supreme Court in V. Pathmavati &
Ors. Vs. Bharati Axa General Insurance Co. Ltd. & Anr. 9 The determination
of funeral expenses at Rs.5,000/- by MACT is erroneous in light of the clear
mandate of such Supreme Court decision.
United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. on 30 June, 2020
31. According to Mr. Joshi, the deduction towards personal expenses is
taken as 1/3rd amount, however, it should be 50% in view of the fact that
the standard of living is far more expensive compared to Indian standards,
as held by the Supreme Court in Satinder Kaur (supra).
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
43. Mr. Hegde has placed reliance on the decision of the Supreme Court
in National Insurance Co. Ltd. Vs. Swaran Singh and Others 4, more
particularly paragraph 49 of the said judgment, to buttress his submission
regarding the absence of any breach of the policy by the Respondents as
alleged by the Appellant.
Balram Prasad vs Kunal Saha & Ors on 24 October, 2013
In regard to the above Mr. Hegde would refer to the decision of the
Supreme Court in Balram Prasad Vs. Kunal Saha & Ors. 6. More particularly
paragraph 134 of the said decision which reads thus:-
The Motor Vehicles Act, 1988
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
79. The deduction towards personal expenses ought to be taken on the
basis of 1/3rd of the income of late Mrs. Kavita Sawlani. This is in terms of
the decision of the Supreme Court in Sarla Verma (supra). The MACT in our
view erred in working out the dependency at Rs.46,00,000/-, which cannot
be accepted in the given facts and circumstances and considering the said
judgment of the Supreme Court.