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1 - 10 of 16 (0.23 seconds)The Motor Vehicles Act, 1988
Pushpabai Purshottam Udeshi & Ors vs Ranjit Ginning & Pressing Co. (P) Ltd. & ... on 25 March, 1977
10.The High Court has placed reliance on the judgment of this
Court in Pushpabai Purahottam Udeshi v. Ranjit Ginning and
Pressing Co (P) Ltd. , (1977) 2 SCC 745 . That Judgment was based
upon the relevant clause in the Insurance Policy in that case which
restricted the legal liability of the Insurer to the statutory
requirement under Section 95 of the Motor Vehicles Act. That
decision will have no bearing in the present case inasmuch as the
terms of the Policy here are wide enough to cover a gratuitous
occupant of the vehicle".
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
Amrit Lal Sood & Anr vs Smt. Kaushalya Devi Thapar & Ors on 17 March, 1998
"the injured was a gratuitous passenger travelling in a Private
Car. The High Court held that the insured was not liable since the
Claimant was only passenger. The Insurance Policy was extracted by
the Supreme Court and we find that it is almost identical to the Policy
in the case before us. The Supreme Court held in Amritlal Sood v.
Kaushalya Devi Thapar (supra) as follows at pp 46 & 47 of MLJ.
"3.The question to be decided is whether the Insurer is liable to
satisfy the claim for compensation made by a person travelling
gratuitously in the Car. The factual findings are not in dispute before
us but for the contention of the Appellants that the amount of
compensation awarded by the Division Bench is excessive. We have
no difficulty in repelling that contention as we find the materials on
record to be sufficient to support the award of enhanced
compensation.
Motor Vehicles Act, 1939
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
19.In the instant case, as per Ex. A.62- salary certificate, the
gross salary of the deceased at the time of his death was Rs. 16,221/-
p.m. and his net. salary was Rs. 9,405/- p.m. Keeping in view, the
promotional chances of the deceased, who was aged 49 years on the
date of his death, 30% of the actual salary can be added to his
income towards future prospects which comes to Rs. 9,406/- + Rs.
2822/- = Rs. 12,228/-, as per the judgment of the Supreme Court
in Sarla Varma and Ors. v. Delhi Transport Corporation and Anr.
2009 (2) L.S. 29 (S.C.). Therefore, the annual income of the deceased
comes to Rs. 12,228/- x 12 = Rs. 1/46,736/-. From this 1/3rd has to
be deducted towards personal living expenses of the deceased which
comes to Rs. 48,912/- and the remaining 2/3rd amount i.e. Rs.
97,824/- shall be taken as contribution to the family. The multiplier
applicable to the age of the deceased is 13. To arrive at the loss of
https://www.mhc.tn.gov.in/judis
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dependency, the above amount has to be capitalised with 13, which
comes to Rs. 97,824/- x 13 = Rs. 12,71,712/-. This apart, the first
claimant, who is the widow of the deceased is entitled for an amount
of Rs. 10,000/- towards loss of consortium and the claimants are
entitled for a sum of Rs. 5,000/- towards loss of estate and Rs. 5,000/-
towards funeral expenses. In all, the claimants are entitled to
compensation of Rs. 12,91,712/-.
Oriental Insurance Co. Ltd vs Surendra Nath Loomba And Ors on 20 November, 2012
13.In the judgment reported in 2013 ACJ 321 [Oriental
Insurance Co. Ltd vs. Surendra Nath Loomba and others], the
Hon'ble Supreme Court, dated 20.11.2012 held as follows:-
Yashpal Luthra & Anr. vs United India Insurance Co. Ltd. And Anr on 17 December, 2009
Thereafter, the Bench took note of
a decision rendered by Delhi High Court in Yashpal Luthra and Anr.
v. United India Insurance Co. Ltd. and Anr.: 2011 ACJ 1415 wherein
the High Court had referred to the circulars issued by the Tariff
Advisory Committee (TAC) and Insurance Regulatory and
Development Authority (IRDA). This Court referred to the portion of
circulars dated 16.11.2009 and 3.12.2009 which had been
reproduced by the High Court and eventually held as follows:
G.M., United India Insurance Co.Ltd vs M. Laxmi & Ors on 14 November, 2008
16.In the judgment reported in 2009 ACJ 104 [General Manager,
United India Insurance Co. Ltd. vs. M.Laxmi and others], the Hon'ble
Supreme court has held as follows:-