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1 - 10 of 13 (0.28 seconds)The Motor Vehicles Act, 1988
Insurance Company Limited vs . Pranay Sethi And Others, (2017) 16 on 25 August, 2020
Ltd. Vs. Pranay Sethi & Ors. reported in 2017 ACJ 2700 (SC) the
Future Prospects at the rate of 40% shall be added and deductions in the
income of the deceased towards his living and personal expenses would
be half of his income.
National Insurance Company Limited vs Smt. Shyamvati Kewat 12 Fa/188/2012 ... on 13 August, 2018
(37) Coming next to the Compensation under nonpecuniary
heads, I may note that the judgment of National Insurance Co. Ltd. Vs.
Mahender & Anr. Vs. Dipesh Singh & Ors. MACT No. 358287/2016
Award dated 19.02.2022 Page No. 25 of 40
Pranay Sethi & Ors. reported in 2017 ACJ 2700 (SC) was considered
and clarified by the Hon'ble Apex Court in Magma General Insurance
Company Ltd. vs. Nanu Ram @ Chuhru Ram & Ors. Civil Appeal No.
9581/2018 decided on 18.09.2018. After considering the Pranay Sethi's
judgment, Hon'ble Supreme Court pleased to award loss of consortium
of Rs.40,000/ to each dependent of the deceased and further pleased to
award a compensation of Rs.50,000/ to each dependent of the deceased
towards loss of love and affection, which I quote as under:
Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018
In Magma General (supra), this Court gave a
comprehensive interpretation to consortium to
include spousal consortium, parental consortium,
as well as filial consortium. Loss of love and
affection is comprehended in loss of consortium.
United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. on 30 June, 2020
(38) However, in the case of United India Insurance Company
Ltd. Vs. Satinder Kaur @ Satwinder Kaur, reported in 2020 SCC
Online SC 410 has observed that there is no justification to award
compensation towards loss of love and affection as a separate head. The
relevant portion of the observations are reproduced as under:
M.C.D vs Asscn.,Victims Of Uphaar Tragedy & Ors on 13 October, 2011
13. Total Compensation (F+G+H+I+J+K 14,76,290/
= L) Round Of: 14,76,500/
(41) I may note that interest @ 9% per annum was awarded by the
Hon'ble Apex Court in the case of Municipal Corporation of Delhi vs.
Association of Victims of Uphaar Tragedy reported in 2012 ACJ 48
(SC). In the interest of justice, it is held that claimants shall be entitled
to interest @ 6% per annum from the date of filing of DAR i.e. from
17.09.2016 till realization (except for the period w.e.f. 30.10.2018 till
19.11.2020. Perusal of the record shows that vide order dated
30.10.2018 the Ld. Predecessor of this Tribunal had debarred the
petitioners from claiming interest till they conclude the evidence which
evidence was closed on 22.02.2019. Thereafter on 08.03.2019 the Ld.
Predecessor of this Tribunal again directed that the petitioners shall not
be entitled for any interest till they get recorded statements regarding
financial status, which statements were recorded on 19.11.2020).