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1 - 10 of 18 (0.24 seconds)National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
23. Pertinently, the Hon'ble Apex Court has also held in National
Insurance Company Ltd. Vs. Pranay Sethi (Supra) that compensation
awarded under the conventional heads shall be enhanced at the rate of 10%
in every three years and a period of 3 years have already elapsed since the
deceased had expired. Hence, the petitioners in this case are also entitled to
an increase @ 10% on the amount awarded under the conventional head of
'loss of estate', 'funeral charges' and 'loss of consortium'. The petitioners are
thus awarded a total sum of Rs. 1,65,000/- [(Rs.30,000 + 10% of 30,000=
33,000) + (40,000 X 3 + 10% of 1,20,000 = 1,32,000/-)] under this head.
Section 2 in The Indian Penal Code, 1860 [Entire Act]
Mukund Dewangan vs Oriental Ins.Co.Ltd on 11 February, 2016
38. Ld. Counsel for claimants has placed on record one letter dated
16.04.2018 issued by Ministry of Road Transport & Highways regarding
compliance of judgment dated 03.07.2017 of the Hon'ble Supreme Court in
case Mukund Devagan Vs. Oriental Insurance Co. Ltd. & Ors., Civil
DAR No. 588/16 Page no.18 of 25
Appeal No. 5826 of 2011, wherein it is mentioned as under :-
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
20. Now coming to calculation of loss of dependency, the DAR has
been filed by three petitioners being wife and sons of the deceased.
Accordingly, in terms of law laid down by the Hon'ble Supreme Court in
the case of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr.
(Supra) and National Insurance Company Ltd. Vs. Pranay Sethi &
Ors. (Supra), one third earning of the deceased shall be deducted towards
his personal and living expenses.
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021
44. The particulars of Form-XVII of the Modified Claims Tribunal
Agreed Procedure, in terms of directions given by the Hon'ble Delhi High
Court in the above case on 08.01.2021, are as under:
Mangla Ram vs The Oriental Insurance Company Ltd on 6 April, 2018
Reliance has further been placed upon the judgment of Hon'ble
High Court in case Dhan Laxmi & Ors. (Supra), wherein it was held as
under :-
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Bimla Devi & Ors vs Himachal Road Transport Corpn. & Ors on 15 April, 2009
13. It is well settled that the procedure followed for proceedings
conducted by an accident tribunal is similar to that followed by a civil court
and in civil matters, the facts are required to be established by
preponderance of probabilities and not beyond reasonable doubt, as are
required in a criminal prosecution. Reference in this regard is made to the
judgment of Hon'ble Apex Court reported as (2009) 13 SC 530 in Bimla
Devi and others Vs. Himachal Road Transport Corporation and others,
wherein it has been observed that strict proof of an accident caused by a
particular vehicle in a particular manner may not be possible to be done by
the claimants and the claimants were merely to establish their case on the
touchstone of preponderance of probability.
United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. on 30 June, 2020
Further, in view of Full Court judgment dated 30.06.2020 passed by
Hon'ble Apex Court in United India Insurance Co. Vs. Satinder Kaur @
Satwinder Kaur & Ors. (2020) 06 SC CK 0036 (Civil Appeal Nos. 2705
and 2706 of 2020), the petitioners are entitled to Rs.40,000/- each towards
'loss of consortium', in addition to Rs.30,000/- granted under the
conventional head of 'loss of estate' and 'funeral expenses.