Search Results Page
Search Results
1 - 10 of 19 (0.34 seconds)The Motor Vehicles Act, 1988
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 337 in The Indian Penal Code, 1860 [Entire Act]
Govind Yadav vs The New India Insurance Co.Ltd on 1 November, 2011
Hon'ble Supreme Court in Govind Yadav vs. The New India
Insurance Company Limited, Civil Appeal No. 9014 of 2011 decided
on 01.11.2011 has further observed as under:
Arvind Kumar Mishra vs New India Assurance Co. Ltd. & Anr on 29 September, 2010
In our view, the principles laid down in Arvind Kumar Mishra
vs. New India Assurance Company Ltd. (supra) and Raj Kumar vs.
Ajay Kumar (supra) must be followed by all the Tribunals and the High
Court in determining the quantum of compensation payable to the victims
of accident, who are disabled either permanently or temporarily. If the
victim of the accident suffers permanent disability, then efforts should
always be made to award adequate compensation not only for the physical
injury and treatment, but also for the loss of earning and his inability to
lead a normal life and enjoy amenities, which he would have enjoyed but
for the disability caused due to the accident".
Sajha & Ors vs National Insurance Co Ltd & Ors on 19 August, 2009
14. The petitioner/injured was a farmer. He was aged about 64 years
at the time of accident. Petitioner has not placed on record any document
to show that he was earning a sum of Rs. 10,000/- per month by way of
agriculture income. This tribunal has no option but to rely upon the
schedule of minimum wages as at the date of accident he was semi skilled
worker. Hence petitioner is being matriculate which comes to
Rs. 4401/-. Hon'ble Delhi High Court in Sajha Vs. National Insurance
Co. 2010 ACJ 627 and New India Assurance Co. Vs. Raja Ram MAC.
APP. No. 175/06 decided on 25.8.2009 held that keeping in view the
trend of increase of minimum wages of semi skilled worker from time to
time and rises in price index and inflation, it can be said that minimum
wages of unskilled worker would get almost double over a period of next
ten years and thus future prospects should be given upon minimum wages
also.
Shiddhi Gopal Dixit @ Siddh Gopal Dixit vs Siya Ram & Ors on 3 March, 2010
In this regard the petitioner has relied upon the judgment of Hon'ble
High Court in case titled Shiddhi Gopal Dixit Vs Siya Ram & Others
reported in 2012 ACJ 165. Thus applying the formula given in these
judgments, the monthly income of the petitioner can be held at Rs. 5721.3
(4401 + 30%).
Bimla vs Gopal & Ors on 22 March, 2010
As no deduction from income has to be taken towards personal
expenses in case of injury as per decision of Delhi High Court in Bimla
Vs. Gopal MAC. APP No. 1028/2006 decided on 22.3.2010 so the
total loss of future income or earning capacity comes to Rs. 3,60,441.9 as
per the formula (5721.3 X 12 X 7 X 75%). Accordingly petitioner is
granted loss of future income at Rs. 3,60,442/- (in round figure)
Conveyance charges
Though petitioner has not placed on record any document in
support of the claim of the petitioner for grant of conveyance but he has
remained in hospital for quite substantial time and judicial mind must have
been taken to the effect that being 72% physical disabled person he has
spent a lot of money at his trips to hospital and back. The treatment
continued so long obviously and even still the treatment is continued. I
grant a sum of Rs.25,000/- towards conveyance charges to the
petitioner on account of amount spent by the petitioner for visit to and from
the hospital.
Oriental Insurance Co. Ltd. vs Vijay Kumar Mittal And Ors. on 11 May, 2007
18. It can only be a matter of imagination that as to how he
performed day to day activities as efficiently as he was. The Appellant can
be expected to live for at least 50 years. During this period he will not be
able to live like normal human being and will not be able to enjoy the life.
The prospects of his marriage have considerably reduced. Therefore, it
would be just and reasonable to award him a sum of Rs. 2,00,000/- for the
loss of amenities and disfigurement as per the judgment of Hon'ble
Delhi High Court given in case Oriental Insurance Co. vs. Vijay Kumar
Mittal, III (2007) ACC 676 and Govind Yadav vs. The New India
Insurance Company Limited.