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1 - 10 of 13 (0.78 seconds)The Fatal Accidents Act, 1855
The Limitation Act, 1963
Article 113 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Section 13 in The Limitation Act, 1963 [Entire Act]
Section 19 in The Limitation Act, 1963 [Entire Act]
Section 9 in The Code of Civil Procedure, 1908 [Entire Act]
Article 72 in Constitution of India [Constitution]
Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018
To that, a sum of Rs.40,000/-
is added towards 'loss of spousal consortium' and a sum of
Rs.60,000/- is towards 'loss of parental consortium' to the
widow and minor daughter of M.J. Shekar respectively
having regard to the other dictum in Magma General
Insurance Company Limited Vs. Nanu Ram alias
Chuhru Ram and Others [2018 ACJ 2782 (SC)]
(Magma General Insurance Company). In addition, a sum
of Rs.15,000/- is awarded towards loss of estate and a
-: 17 :-
sum of Rs.15,000/- is awarded towards funeral expenses
having regard to the decision of Hon'ble Supreme Court in
Pranay Sethi. Thus, the total compensation would be
Rs.11,15,536/-. A sum of Rs.1.00 lakh, which is awarded
towards ex-gratia is deducted and the compensation is
Rs.10,15,536/- instead of Rs.14,36,000/- as awarded by
the trial Court. Further, the trial Court has awarded
interest at the rate of 15% per annum on the said
compensation, which we find is exorbitant and the same is
scaled down to 9% per annum. Thus, the total
compensation awarded is Rs.10,15,536/- with interest at
the rate of 9% per annum from the date of filing of the suit
till realization. Thus, point No.2 is answered partly in
favour of the appellant.