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1 - 8 of 8 (0.22 seconds)The Motor Vehicles Act, 1988
The Code of Civil Procedure, 1908
Oriental Insurance Co.Ltd vs Dhanbai Kanji Gadhvi & Ors on 17 January, 2011
In a later decision of the Supreme Court in Oriental Insurance
Company Ltd. v. Dhanbai Kanji Gadhvi & Ors., (2011) 11 SCC 513,
the Supreme Court relied on Deepal Girishbhai Soni (supra) and held
that where the Claimants have obtained compensation finally
determined under Section 163-A of the Act they are precluded from
proceeding further with a Petition under Section 166 of the Act. Para
14 of the report is extracted hereunder:-
Prem Devi & Ors. vs Jagdish Kumar & Ors. on 2 July, 2012
In Prem Devi & Ors. vs. Jagdish Kumar & Ors. (FAO 398/2000)
decided on 02.07.2012 by this Court similar request had been made for a
petition under Section 163A of M.V.Act to be treated as one under Section
166 of M.V.Act. A learned Single Judge of this Court, allowing the said
prayer had held as under :-
Smt Shashikala vs Gangalakshmamma on 15 July, 2013
11. In the case of Sumit (the deceased) the Tribunal found his age on the
date of death to be 23 years. No formal proof of his actual income could be
mustered by his widowed mother. Given the age and the background, his
income has to be notionally assessed at least at the minimum wages of
₹6656/- as payable to a unskilled worker during the relevant period. Since,
he was a bachelor, 50% will have to be deducted towards personal and
living expenses. His mother (PW-1) admitted her age to be 46 years old as
on 15.05.2012. In these circumstances, she would be in the region of 45
years of age on the relevant date. Thus, the multiplier of 14 would apply
and the loss of dependency would work out as ( ₹6656/2x12x14) ₹5,59,104
rounded of to ₹5,60,000/-. Following the view taken in Rajesh & Ors. v.
Rajbir Singh & Ors., (2013) 9 SCC 54 and Shashikala V.
Gangalakshmamma (2015) 9 SCC 150, compensation in the sum of `1 lakh
on account of loss of love & affection and `25,000/- each towards loss of
estate and funeral expense are added. Thus, the total compensation payable
in the case of death of Sumit is computed as (5,60,000/-+1,50,000/-)
₹7,10,000/-.
Smt. Rukmani Devi vs The New India Assurance Co. Ltd. And Anr. on 19 May, 2008
11. The learned Single Judge of this Court in Rukmani Devi v. New
India Assurance Company Limited & Anr., 2009 ACJ 2202 held that
the provision for award of compensation under the Motor Vehicles
Act is a beneficial piece of legislation and, therefore, an endeavour
has to be made to see as to how best the intention of legislation can be
achieved so as to safeguard the interest of victims of the accident. In
para 14 it was held as under:-
The State Of Orissa vs Sudhansu Sekhar Misra And Ors on 7 November, 1967
In State of Orissa v. Sudhansu Sekhar Misra, AIR 1968 SC 4647,
the Constitution Bench of the Supreme Court held that a decision is
only an authority for what it actually decides and not every
observation found therein. Para 16 of the report is extracted
hereunder:-
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