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1 - 10 of 44 (0.48 seconds)The Motor Vehicles Act, 1988
M.C.D vs Asscn.,Victims Of Uphaar Tragedy & Ors on 13 October, 2011
19. The Claims Tribunal has awarded interest at the rate of
9% per annum, which is reasonable in terms of the judgment
of the Supreme Court in MCD v. Association of Victims of
Uphaar Tragedy (supra) in which interest at the rate of 9%
per annum has been awarded.
Nirmala Bala Ghose And Another vs Balai Chand Ghose And Ors on 29 March, 1965
In Nirmala Bala (supra),
the Court held that "where in appeal, the
Court reaches a conclusion which is
inconsistent with that of the Court appealed
from, and in adjusting the right claimed by
the appellant, it is found necessary to grant
relief to person who has not appealed, the
power under Order 41, Rule 33 may properly
be invoked".
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Section 171 in The Motor Vehicles Act, 1988 [Entire Act]
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
"9. This case is squarely covered by the
aforesaid judgments. Following the aforesaid
judgments, this Court assumes the income of the
deceased to be `10,800 per month considering
that the deceased was brilliant student of reputed
school of Delhi, he was ambitious to become
engineer, his brother is already doing engineering
and his father is a teacher. The parents of the
deceased are aged 41 and 42 years respectively
at the time of the accident. As per the judgment
of the Supreme Court in Sarla Verma v. Delhi
Transport Corporation, (2009) 6 SCC 121, the
appropriate multiplier according to the age of the
mother is 14 and the appropriate deduction
towards the personal expenses of the deceased
are 1/2. Deducting 1/2 towards the personal
expenses of the deceased and applying the
multiplier of 14, the loss of dependency is
computed to be `9,07,200/-. `10,000/- is awarded
towards loss of love and affection, `10,000/-
towards loss of estate and `8,000/- is awarded
towards funeral expenses. The total
compensation is computed to be `9,35,200/-."
National Insurance Co. Ltd. vs Gaje Singh & Ors. on 1 May, 2012
I have repeatedly observed in various
decisions, e.g., Pista Aggarwal's
case and Rao Dheer Singh's case that
in adjudicating compensation cases,
the claim case should not be
considered like those of easement or
mortgage or property dispute. For
social welfare legislation of a State
MAC.APP.No.246/2009 Page 31 of 55
wedded to socialism and the
Constitution's focus is on social
injustice not only in the preamble, but
in directive principles which are to be
enforced by passing legislation like the
Fatal Accidents Act or Motor Vehicles
Act or other alike social welfare
statutes the approach should be liberal,
humanistic, non-technical and
equitable."