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1 - 10 of 14 (0.31 seconds)National Insurance Co. Ltd. vs Smt. Sushila Devi & Ors. on 27 August, 2008
Ld. Counsel for insurance company has relied upon
the law laid down in National Insurance Company Vs.
Sushila & Ors., 2010 ACJ 2671 wherein the Hon'ble High
Court of Bombay has clearly reasserted the well settled
law in cases where the offending driver was driving the
offending tractor trolley. It has been laid down that the
tractor trolley is the goods vehicle being used for carriage
of goods and transportation and that the driver was having
licence to drive the LMV was not holding appropriate
driving licence for driving the trolley.
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
21. This binding law of the land has been
repeatedly examined in each type of peculiar facts of the
cases dealt by various superior courts. The Hon'ble
High Court of Delhi has been pleased to analysize the
law with regard to the liability of the Insurer visavis the
insured and third parties. The Hon'ble High Court of
Delhi in New India Assurance Co. Ltd.v. Sanjay
Case No. 95/09 Dinesh Vs. Rajuddin
22
Kumar & Ors. ILR 2007 (II) Delhi 733, referred to
National Insurance Company Limited Vs. Swaran Singh
v. Lehru & Ors., (2003) 3 SCC 338; New India
Assurance Co..Shimla v. Kamla and Ors. (2001) 4 SCC
342; Sohan Lal Passi v. P. Sesh Reddy, (1996) 5 SCC
21; and Skandia Insurance Company Limited v.
Kokilaben Chandravadan, (1987) 2 SCC 654 and
analysized the law with regard to the liability of the
Insurer visavis the Insured and third parties and
summarized the legal position as under:
New India Assurance Co., Shimla vs Kamla And Ors on 27 March, 2001
21. This binding law of the land has been
repeatedly examined in each type of peculiar facts of the
cases dealt by various superior courts. The Hon'ble
High Court of Delhi has been pleased to analysize the
law with regard to the liability of the Insurer visavis the
insured and third parties. The Hon'ble High Court of
Delhi in New India Assurance Co. Ltd.v. Sanjay
Case No. 95/09 Dinesh Vs. Rajuddin
22
Kumar & Ors. ILR 2007 (II) Delhi 733, referred to
National Insurance Company Limited Vs. Swaran Singh
v. Lehru & Ors., (2003) 3 SCC 338; New India
Assurance Co..Shimla v. Kamla and Ors. (2001) 4 SCC
342; Sohan Lal Passi v. P. Sesh Reddy, (1996) 5 SCC
21; and Skandia Insurance Company Limited v.
Kokilaben Chandravadan, (1987) 2 SCC 654 and
analysized the law with regard to the liability of the
Insurer visavis the Insured and third parties and
summarized the legal position as under:
Sohan Lal Passi vs P. Sesh Reddy & Ors on 17 July, 1996
21. This binding law of the land has been
repeatedly examined in each type of peculiar facts of the
cases dealt by various superior courts. The Hon'ble
High Court of Delhi has been pleased to analysize the
law with regard to the liability of the Insurer visavis the
insured and third parties. The Hon'ble High Court of
Delhi in New India Assurance Co. Ltd.v. Sanjay
Case No. 95/09 Dinesh Vs. Rajuddin
22
Kumar & Ors. ILR 2007 (II) Delhi 733, referred to
National Insurance Company Limited Vs. Swaran Singh
v. Lehru & Ors., (2003) 3 SCC 338; New India
Assurance Co..Shimla v. Kamla and Ors. (2001) 4 SCC
342; Sohan Lal Passi v. P. Sesh Reddy, (1996) 5 SCC
21; and Skandia Insurance Company Limited v.
Kokilaben Chandravadan, (1987) 2 SCC 654 and
analysized the law with regard to the liability of the
Insurer visavis the Insured and third parties and
summarized the legal position as under:
Skandia Insurance Co. Ltd vs Kokilaben Chandravadan & Ors on 1 April, 1987
21. This binding law of the land has been
repeatedly examined in each type of peculiar facts of the
cases dealt by various superior courts. The Hon'ble
High Court of Delhi has been pleased to analysize the
law with regard to the liability of the Insurer visavis the
insured and third parties. The Hon'ble High Court of
Delhi in New India Assurance Co. Ltd.v. Sanjay
Case No. 95/09 Dinesh Vs. Rajuddin
22
Kumar & Ors. ILR 2007 (II) Delhi 733, referred to
National Insurance Company Limited Vs. Swaran Singh
v. Lehru & Ors., (2003) 3 SCC 338; New India
Assurance Co..Shimla v. Kamla and Ors. (2001) 4 SCC
342; Sohan Lal Passi v. P. Sesh Reddy, (1996) 5 SCC
21; and Skandia Insurance Company Limited v.
Kokilaben Chandravadan, (1987) 2 SCC 654 and
analysized the law with regard to the liability of the
Insurer visavis the Insured and third parties and
summarized the legal position as under:
Oriental Insurance Co. Ltd. vs Vijay Kumar Mittal And Ors. on 11 May, 2007
Ltd., Vs. Vijay
Kumar Mittal & Ors that:
" The possession of one's own body
is the first and most valuable all human
rights and while awarding compensation
for bodily injuries this primary element is
to be kept in mind.
Smt Dhaneshwari & Anr. vs Tejeshwar Singh & Ors. on 19 March, 2012
29. The Hon'ble High Court of Delhi has duly considered
and appreciated the various relevant decisions of the
Hon'ble Supreme Court of India and discussed the
applicable aspects of law pertaining to "additions" in the
minimum wages on account of inflation for computation of
compensation in its detailed orders dt. 19.03.2012, passed
in considerable number of cases involving similar question
of law alongwith MAC APP. No. 997/2011 in case titled
Smt. Dhaneshwari & Anr. Vs. Tejeshwar Singh & Ors. It
has been held that there shall be no addition in the
minimum wages on account of inflation for computation of
compensation.
Santosh Devi vs National Insurance Co.Ltd.& Ors on 23 April, 2012
The
Hon'ble Supreme Court in Santosh Devi's case (Supra)
allowed the addition of 30 % on account of future prospects
in such cases. In the present case, as afore discussed, the
monthly income of the petitioner has been assessed at
Rs. 3,894/ per month. The petitioner was a young active
person of 30 years of age at the time of the accident,
hence, the addition on account of future prospects shall be
30% of the income of the petitioner as the petitioner was
not having any fixed income or employment. Accordingly,
the monthly income of the petitioner comes out to
Rs. 5,062/ per month (Rs.3,894/ + 30 % of Rs. 3,894/) .