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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:-
Supreme Court of India Cites 8 - Cited by 419 - Full Document

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.
Supreme Court of India Cites 12 - Cited by 20141 - R V Raveendran - Full Document
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