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1 - 10 of 11 (0.37 seconds)Section 171 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
Annual income of the deceased (Rs.37,423/- x 12) ₹ 4,49,076.00
Add 50% of Rs.4,49,076/- as Future Prospects (+) ₹ 2,24,538.00
[in terms of the Judgment of National Insurance Company
Limited vs. Pranay Sethi and Others : (2017) 16 SCC 680 ] ₹ 6,73,614.00
Less 50% of Rs.6,73,614/- (-) ₹ 3,36,807.00
[Deducted from the said amount as expenses
that the deceased would have incurred towards
himself had he been alive]
Net yearly income ₹ 3,36,807.00
Multiplier to be adopted „16‟ (Rs.3,36,807/- x 16) ₹ 53,88,912.00
[The age of the deceased at the time of death was
„32‟ and the relevant multiplier as per Judgment of
of Sarla Verma (SMT) and Others vs. Delhi Transport
Corporation and Another : (2009) 6 SCC 121 is „16‟]
Add Funeral Expenses (+) ₹ 15,000.00
[in terms of the Judgment of Pranay Sethi (supra)]
Add Loss of Estate (+) ₹ 15,000.00
[in terms of the Judgment of Pranay Sethi (supra)]
Add Costs of Litigation (+) ₹ 25,000.00
Add Loss of Filial Consortium (₹ 40,000/- x 2) (+) ₹ 80,000.00
[payable to the parents of the deceased, i.e., Respondents No.1 and 2,
in terms of the Judgment of Magma General Insurance Company Limited vs.
Nanu Ram and Others : (2018) 18 SCC 130 ] Total = ₹ 55,23,912.00
(Rupees fifty five lakhs, twenty three thousand, nine hundred and twelve) only.
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
Annual income of the deceased (Rs.37,423/- x 12) ₹ 4,49,076.00
Add 50% of Rs.4,49,076/- as Future Prospects (+) ₹ 2,24,538.00
[in terms of the Judgment of National Insurance Company
Limited vs. Pranay Sethi and Others : (2017) 16 SCC 680 ] ₹ 6,73,614.00
Less 50% of Rs.6,73,614/- (-) ₹ 3,36,807.00
[Deducted from the said amount as expenses
that the deceased would have incurred towards
himself had he been alive]
Net yearly income ₹ 3,36,807.00
Multiplier to be adopted „16‟ (Rs.3,36,807/- x 16) ₹ 53,88,912.00
[The age of the deceased at the time of death was
„32‟ and the relevant multiplier as per Judgment of
of Sarla Verma (SMT) and Others vs. Delhi Transport
Corporation and Another : (2009) 6 SCC 121 is „16‟]
Add Funeral Expenses (+) ₹ 15,000.00
[in terms of the Judgment of Pranay Sethi (supra)]
Add Loss of Estate (+) ₹ 15,000.00
[in terms of the Judgment of Pranay Sethi (supra)]
Add Costs of Litigation (+) ₹ 25,000.00
Add Loss of Filial Consortium (₹ 40,000/- x 2) (+) ₹ 80,000.00
[payable to the parents of the deceased, i.e., Respondents No.1 and 2,
in terms of the Judgment of Magma General Insurance Company Limited vs.
Nanu Ram and Others : (2018) 18 SCC 130 ] Total = ₹ 55,23,912.00
(Rupees fifty five lakhs, twenty three thousand, nine hundred and twelve) only.
Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018
Annual income of the deceased (Rs.37,423/- x 12) ₹ 4,49,076.00
Add 50% of Rs.4,49,076/- as Future Prospects (+) ₹ 2,24,538.00
[in terms of the Judgment of National Insurance Company
Limited vs. Pranay Sethi and Others : (2017) 16 SCC 680 ] ₹ 6,73,614.00
Less 50% of Rs.6,73,614/- (-) ₹ 3,36,807.00
[Deducted from the said amount as expenses
that the deceased would have incurred towards
himself had he been alive]
Net yearly income ₹ 3,36,807.00
Multiplier to be adopted „16‟ (Rs.3,36,807/- x 16) ₹ 53,88,912.00
[The age of the deceased at the time of death was
„32‟ and the relevant multiplier as per Judgment of
of Sarla Verma (SMT) and Others vs. Delhi Transport
Corporation and Another : (2009) 6 SCC 121 is „16‟]
Add Funeral Expenses (+) ₹ 15,000.00
[in terms of the Judgment of Pranay Sethi (supra)]
Add Loss of Estate (+) ₹ 15,000.00
[in terms of the Judgment of Pranay Sethi (supra)]
Add Costs of Litigation (+) ₹ 25,000.00
Add Loss of Filial Consortium (₹ 40,000/- x 2) (+) ₹ 80,000.00
[payable to the parents of the deceased, i.e., Respondents No.1 and 2,
in terms of the Judgment of Magma General Insurance Company Limited vs.
Nanu Ram and Others : (2018) 18 SCC 130 ] Total = ₹ 55,23,912.00
(Rupees fifty five lakhs, twenty three thousand, nine hundred and twelve) only.
Section 34 in The Code of Civil Procedure, 1908 [Entire Act]
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
Abati Bezbaruah vs Dy. Director General Geological Survey ... on 14 February, 2003
(i) So far as the rate of interest at 10% on the total Award
is concerned, relevant reference is made to the decision in Abati
Bezbaruah vs. Dy. Director General, Geological Survey of India and
Another 3 wherein the Hon‟ble Supreme Court held as extracted
hereinbelow;
The Motor Vehicles Act, 1988
The Branch Manager, United India ... vs Bishnu Maya Mukhia And Ors on 28 February, 2020
3. Learned Counsel for the Appellant submits that the
Appellant-Insurance Company is aggrieved by the grant of
litigation expenses to the Respondents No.1 and 2 which are on the
higher side. Relying on the Judgments of this Court being Branch
Manager, United India Insurance Co. Ltd. vs. Bishnu Maya Mukhia and
Others1 and Branch Manager, United India Insurance Company Limited
vs. Dhan Bdr. Chhetri and Others2, it is urged that the ligation costs
be reduced to ₹ 25,000/- (Rupees twenty five thousand) only, as
granted in the two matters cited hereinabove. That, the rate of
interest imposed on the total Award also be reduced to 9% instead
of 10%. That, this Court had in the matters cited supra granted
interest @ 9% instead of the 10% imposed by the Learned
Tribunal.