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1 - 10 of 13 (0.48 seconds)Yashpal Luthra & Anr. vs United India Insurance Co. Ltd. And Anr on 17 December, 2009
The
High Court of Delhi in Yashpal Luthra and Anr. V. United
India Insurance Co. Ltd. and Another [2011 ACJ 1415],
after recording the evidence of the competent authority
of Tariff Advisory Committee (TAC) and Insurance
Regulatory and Development Authority (IRDA),
reproduced a circular dated 16.11.2009 issued by IRDA
to CEOs of all the Insurance Companies restating the
factual position relating to the liability of Insurance
companies in respect of a pillion rider on a two-wheeler
and occupants in a private car under the
comprehensive/package policy.
The Motor Vehicles Act, 1988
Section 178 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
In the case of National Insurance Co. Ltd.
v. Pranay Sethi reported in (2017) 16 SCC 680, it is
held that future prospects of 40% is tobe added to the
income of the victims of accident if their age is below 40
years and 25% in case of age between 40 to 50 years.
Therefore, 40% of their income has to be added towards
35
future prospects. In other three cases referred to above
i.e., MVC Nos.525, 528 of 2015 and MVC No.8/2016, their
age was between 45 to 50 years and hence 25% of their
income has to be added towards future prospects.
Accordingly, their incomes are considered.
Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018
21. As stated above income of the deceased is
taken as Rs.7,500/- p.m. Age of deceased was 48 years.
Therefore, 25% of his income is to be added towards
future prospects. Deceased had five dependents.
Therefore, the Tribunal has deducted 1/4th towards
personal expenses. The same is accepted; After deduction
of 1/4th towards personal expenses, the income of the
deceased is Rs.7,031/- p.m. Suitable multiplier applicable
is '13'. On the basis of the same, the amount of
compensation awarded under the head loss of dependency
is Rs.7,031/- x 12 x 13 = Rs.10,12,464/-. The Tribunal
awarded Rs.40,000/- towards loss of love and affection. As
held in the case of Magma(supra), Rs.40,000/- each is to
be awarded to the dependents towards loss of consortium.
During pendency of the appeal, petitioner No.5 has died.
Accordingly, Rs.1,60,000/- is awarded towards loss of
consortium. Rs.15,000/- each is awarded towards loss of
40
estate and funeral expenses. In all, petitioners are entitled
for Rs.12,02,464/- as against Rs.7,72,000/- awarded by
the Tribunal.
New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001
ii) New India Assurance Company Limited Vs Asha
Rani and Others reported in (2003) 2 SCC 223.
Gadhilingappa @ Gadhilinga S/O Ulluru ... vs K. Guleppa S/O K Lingappa on 20 April, 2021
iii) Gadhilingappa and Others vs. K Guleppa and
Others reported in ILR 2021 KAR 3377.
M/S. National Insurance Co. Ltd vs Baljit Kaur And Ors on 6 January, 2004
iv) National Insurance Company Vs. Baljit Kaur and
Others reported in (2004) 2 SCC 1.
Balu Krishna Chavan vs The Reliance General Insurance Company ... on 3 November, 2022
v) Balu Krishna Chavan vs The Reliance General
Insurance Company Limited and Others reported in 2022
Live law (SC) 932.