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Smt. Anita And Ors. vs Iffco Tokio General Insurance Co. ... on 13 December, 2021 cites

National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017

Considering the aforesaid facts as also the reasons recorded hereinabove, the award of the Tribunal dated 18.12.2018, so far it relates to grant of compensation towards future prospects and under conventional heads, such as, loss of estate, loss of consortium and funeral expenses etc. is concerned, in view of this Court, is not in consonance with the judgment passed by the Hon'ble Apex Court in the cases of Pranay Sethi (supra) and Smt. Somwati (supra) as also Rule 220-A of the Rules of 1998 as also the law laid down by the Hon'ble Apex Court in the judgment passed in the case of Kirti & Another vs. Oriental Insurance Company Limited reported in (2021) 2 SCC 166. Accordingly, this Court holds that the claimants-appellants are entitled to compensation towards future prospects and enhancement under conventional heads, such as, loss of estate, loss of consortium and funeral expenses etc. In regard to rate of interest, for the reasons recorded by the Tribunal, this Court is not inclined to interfere in the rate of interest awarded by the Tribunal i.e. 6% per annum.
Supreme Court of India Cites 32 - Cited by 9815 - D Misra - Full Document

Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018

"87. Insofar as the conventional heads are concerned, the deceased Satpal Singh left behind a widow and three children as his dependants. On the basis of the judgments in Pranay Sethi [National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 : (2018) 3 SCC (Civ) 248 : (2018) 2 SCC (Cri) 205] and Magma General [Magma General Insurance Co. Ltd. v. Nanu Ram, (2018) 18 SCC 130 : (2019) 3 SCC (Civ) 146 : (2019) 3 SCC (Cri) 153] , the following amounts are awarded under the conventional heads:
Supreme Court of India Cites 7 - Cited by 4992 - I Malhotra - Full Document

United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. on 30 June, 2020

42. It is relevant to notice the judgment of this Court in United India Insurance Co. Ltd. [United India Insurance Co. Ltd. v. Satinder Kaur, (2021) 11 SCC 780 : 2020 SCC OnLine SC 410] which was delivered shortly after the above three-Judge Bench judgment of Sangeeta Arya [Sangita Arya v. Oriental Insurance Co. Ltd., (2020) 5 SCC 327 : (2020) 3 SCC (Civ) 254 : (2020) 2 SCC (Cri) 905] specifically laid down that both spousal and parental consortium are payable which judgment we have already noticed above.
Supreme Court of India Cites 16 - Cited by 1453 - I Malhotra - Full Document

Sangita Arya vs Oriental Insurance Company Limited on 16 June, 2020

42. It is relevant to notice the judgment of this Court in United India Insurance Co. Ltd. [United India Insurance Co. Ltd. v. Satinder Kaur, (2021) 11 SCC 780 : 2020 SCC OnLine SC 410] which was delivered shortly after the above three-Judge Bench judgment of Sangeeta Arya [Sangita Arya v. Oriental Insurance Co. Ltd., (2020) 5 SCC 327 : (2020) 3 SCC (Civ) 254 : (2020) 2 SCC (Cri) 905] specifically laid down that both spousal and parental consortium are payable which judgment we have already noticed above.
Supreme Court of India Cites 3 - Cited by 43 - I Malhotra - Full Document

Kirti vs Oriental Insurance Company Limited on 5 January, 2021

Considering the aforesaid facts as also the reasons recorded hereinabove, the award of the Tribunal dated 18.12.2018, so far it relates to grant of compensation towards future prospects and under conventional heads, such as, loss of estate, loss of consortium and funeral expenses etc. is concerned, in view of this Court, is not in consonance with the judgment passed by the Hon'ble Apex Court in the cases of Pranay Sethi (supra) and Smt. Somwati (supra) as also Rule 220-A of the Rules of 1998 as also the law laid down by the Hon'ble Apex Court in the judgment passed in the case of Kirti & Another vs. Oriental Insurance Company Limited reported in (2021) 2 SCC 166. Accordingly, this Court holds that the claimants-appellants are entitled to compensation towards future prospects and enhancement under conventional heads, such as, loss of estate, loss of consortium and funeral expenses etc. In regard to rate of interest, for the reasons recorded by the Tribunal, this Court is not inclined to interfere in the rate of interest awarded by the Tribunal i.e. 6% per annum.
Supreme Court of India Cites 23 - Cited by 112 - S Kant - Full Document

Hem Raj Mittal vs Oriental Insurance Co. Ltd on 23 July, 2007

It would be sufficient to quote the observations of this Court in Hem Raj v. Oriental Insurance Co. Ltd. [Hem Raj v. Oriental Insurance Co. Ltd., (2018) 15 SCC 654 : (2019) 1 SCC (Civ) 293 : (2019) 2 SCC (Cri) 864], as it puts at rest any argument concerning non-payment of future prospects to the deceased in the present case: (Hem Raj case [Hem Raj v. Oriental Insurance Co. Ltd., (2018) 15 SCC 654 : (2019) 1 SCC (Civ) 293 : (2019) 2 SCC (Cri) 864] , SCC p. 656, para 7) "7. We are of the view that there cannot be distinction where there is positive evidence of income and where minimum income is determined on guesswork in the facts and circumstances of a case. Both the situations stand at the same footing. Accordingly, in the present case, addition of 40% to the income assessed by the Tribunal is required to be made."
State Consumer Disputes Redressal Commission Cites 1 - Cited by 388 - Full Document

United India Insurance Company Limited vs Smt. Neeta 3 Mac/1474/2017 Smt. Neeta ... on 13 February, 2018

56.InMagma General Insurance Co. Ltd. v. Nanu Ram [Magma General Insurance Co. Ltd. v. Nanu Ram, (2018) 18 SCC 130 : (2019) 3 SCC (Civ) 146 : (2019) 3 SCC (Cri) 153] , this Court interpreted "consortium" to be a compendious term, which encompasses spousal consortium, parental consortium, as well as filial consortium. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse.
Chattisgarh High Court Cites 0 - Cited by 39 - Full Document

Oriental Insurance Co. vs Smt Sangita Arya And Others on 22 July, 2016

41. This Court in the above case confined its consideration towards the income of the deceased and there was neither any claim nor any consideration that the consortium should have been paid to other legal heirs also. There being no claim for payment of consortium to other legal heirs, this Court awarded Rs 40,000 towards consortium. No such ratio can be deciphered from the above judgment that this Court held that consortium is only payable as a spousal consortium and consortium is not payable to children and parents.
Uttarakhand High Court Cites 0 - Cited by 3 - S K Gupta - Full Document

The Oriental Insurance Company Limited vs Smt. Rinku Devi And Others on 8 February, 2020

As noted above, we have taken the view that the order [Oriental Insurance Co. Ltd. v. Rinku Devi, 2019 SCC OnLine Del 10493] of the High Court awarding compensation towards "loss of love and affection" @ Rs 50,000 to each of the claimants is unjustified which is being set aside in this appeal. We, further, in the above appeal also set aside the directions of the High Court in para 9 by which statutory amount along with interest accrued thereon was directed to be deposited in Aasra fund.
Allahabad High Court Cites 0 - Cited by 4 - S Agarwal - Full Document
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