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Fuliya Devi & Ors. vs . Krishna Das-K & Anr. on 28 November, 2022 cites

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. 3,85,000/- [(Rs.30,000 + 10% of 30,000= 33,000) + (40,000 X 8 + 10% of 3,20,000 = 3,52,000/-)] under this head.
Supreme Court of India Cites 32 - Cited by 9815 - D Misra - Full Document

Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021

20. Now coming to calculation of loss of dependency, this claim petition has been filed by eight petitioners being widow, sons and daughters of the deceased. However, during evidence of petitioner as PW1 as well as in her examination in terms of directions given by the Hon'ble High Court on 15.12.2017 in case of Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors., FAO No. 842/2003, she has deposed that only her two daughters, i.e. petitioner no. 7 and 8 are still unmarried and all four sons are earning, but not much. In view of aforesaid statements, only the petitioner no. 1, petitioner no. 7 and 8 are considered as dependents upon the deceased. Further, even on the date of accident, i.e. 24.11.2019, the other petitioners, i.e. petitioner no. 2 to 6 were already major.
Delhi High Court Cites 64 - Cited by 1363 - J R Midha - Full Document

Bajaj Allianz General Insurance Co. ... vs Meera Devi & Ors. on 16 February, 2021

Ld. Counsel for petitioners has further relied upon the judgment of Hon'ble Delhi High Court in case Bajaj Allianz General Insurance Co. Ltd. Vs. Meera Devi & ors., 2021 LawSuit (Del) 2021 wherein it was held that "......in view of Delhi Motor Accident Claim Tribunal Rules, 2008, contents of DAR has to be presumed to be correct and read in evidence without formal proof of the same unless proof to the contrary was produced."
Delhi High Court Cites 0 - Cited by 10 - S Sachdeva - Full Document

The United India Insurance Co. Ltd. vs Deepak Goel & Ors. on 24 January, 2014

11. During the course of final arguments, Ld. Counsel for petitioners has relied upon the judgments in cases National Insurance Company Ltd. Vs. Pushpa Rana, 2009 ACJ 287 and United India Insurance Co. Ltd. Vs. Deepak Goel and Ors., 2014 (2) TAC 846 (Del.) DAR No. 38/2020 Page no.7 of 23 decided by the Coordinate Bench of the Hon'ble Delhi High Court, wherein it was held that "......where the claimants filed either the certified copies of the criminal record or the criminal record showing the completion of investigation by police or issuance of charge sheet under Section 279/304A IPC or the certified copy of FIR or the recovery of the mechanical inspection report of the offending vehicle, then these documents are sufficient proof to reach to a conclusion that the driver was negligent particularly when there is no defence available from the side of driver."
Delhi High Court Cites 9 - Cited by 538 - S K Kait - Full Document

National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007

11. During the course of final arguments, Ld. Counsel for petitioners has relied upon the judgments in cases National Insurance Company Ltd. Vs. Pushpa Rana, 2009 ACJ 287 and United India Insurance Co. Ltd. Vs. Deepak Goel and Ors., 2014 (2) TAC 846 (Del.) DAR No. 38/2020 Page no.7 of 23 decided by the Coordinate Bench of the Hon'ble Delhi High Court, wherein it was held that "......where the claimants filed either the certified copies of the criminal record or the criminal record showing the completion of investigation by police or issuance of charge sheet under Section 279/304A IPC or the certified copy of FIR or the recovery of the mechanical inspection report of the offending vehicle, then these documents are sufficient proof to reach to a conclusion that the driver was negligent particularly when there is no defence available from the side of driver."
Delhi High Court Cites 8 - Cited by 4796 - K Gambhir - Full Document

Jamanti Devi & Ors vs Maheshwar Rai & Ors (Tata Aig General ... on 19 November, 2022

Ld. Counsel for petitioners has further relied upon the recent judgment of Hon'ble Delhi High Court in case Jamanti Devi & Ors. Vs. Maheshwar Rai & Ors., MAC Appeal No. 831/2015, decided on 19.11.2022 wherein the Hon'ble Delhi High Court has taken the similar DAR No. 38/2020 Page no.8 of 23 view as taken in the aforesaid judgments that the charge-sheet is sufficient to prove the negligence on the part of driver of the offending vehicle, especially when no evidence has been led on behalf of respondents.
Delhi High Court Cites 23 - Cited by 9 - A Malhotra - Full Document
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