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1 - 10 of 12 (0.35 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
4) That the Answering Opposite Party has no personal knowledge about
the statement made in paragraph No.1, 2, 3, 4, 5, and 7 of the claim
petition and this unable to admit the same. The statement so far relates
to the age, occupation of the deceased are vital and are required to be
proved by substantial evidence and by calling the witnesses, the
answering Opposite Party denies that the deceased was earning
Rs.6,000/- (six thousand) only per month.‖
4
FA No.2 of 2015
It is noticed that the Tribunal, at the first, heard the counsel for
parties on the question of maintainability of the claim application under
the Act of 1988 and decided this question in favour of the claimant on
12.08.2008 with reference to the decision of the Hon‟ble Supreme Court
in the case of Rita Devi and others Vs. The New India Assurance
Company Limited and another: AIR 2000 SC 1930. The order so
passed by the Tribunal on 12.08.2008 reads as under:-
Section 95 in The Motor Vehicles Act, 1988 [Entire Act]
Section 170 in The Motor Vehicles Act, 1988 [Entire Act]
Section 364 in The Indian Penal Code, 1860 [Entire Act]
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
As regards the issue relating to relief, the Tribunal referred to the
ratio of the decisions of the Hon‟ble Supreme Court in Sarla Verma and
others Vs. Delhi Transport Co-operation and another: (2009) 6 SCC
121 and Santosh Devi Vs. National Insurance Company Limited and
others: (2012) 6 SCC 421; and while taking the age of the deceased at
40 years and his income at Rs. 6,000/- per month, provided for
enhancement of 30% towards future prospects and then, after deducting
one-fourth on the personal expenditure of the deceased, took his annual
contribution to the family at Rs. 70,200/-; and after applying the multiplier
of 15, assessed the pecuniary loss at Rs.10, 53,000/- for the claimant and
her three children. The Tribunal further provided for Rs. 5,000/- towards
funeral expenses, another Rs. 5,000/- towards loss of love and affection
and further Rs. 10,000/- towards loss of consortium and in this manner,
awarded a sum of Rs. 10,73,000/- (rupees ten lakhs seventy three
thousand) towards compensation together with interest @ 6% per annum
from the date of filing of the claim application. Aggrieved by the award so
made, the insurer has preferred this appeal.