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1 - 10 of 29 (2.46 seconds)Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 279 in The Indian Penal Code, 1860 [Entire Act]
National Insurance Company Ltd vs Pranay Sethi And Others on 22 June, 2022
In the case of Pranay Sethi (supra), it was held that in the
case of death, Rs.15,000/- is liable to be paid towards the loss of estate
and funeral charges each, while Rs.40,000/- was payable towards the
loss of consortium to each legal heir and the same may be enhanced by
10% every three years.
The Motor Vehicles Act, 1988
United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. on 30 June, 2020
42. However, in the case of United India Insurance Company
Ltd. Vs. Satinder Kaur @ Satwinder Kaur 2020 SCC Online SC 410 the
Hon'ble Supreme Court has observed that there is no justification to
award compensation towards loss of love and affection as a separate
head. The relevant portion of the observations are reproduced as under:
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
In light of the judgment of the
Supreme Court in Sarla Verma (Smt) & Ors. vs. Delhi Transport
Corporation & Anr., (2009) 6 SCC 121, and United India Insurance Co.
Ltd. vs. Satinder Kaur alias Satwinder Kaur & Ors., (2021) 11 SCC 780 ,
out of the above amount so assessed, 1/5th amount has to be deducted
on account of personal and living expenses as the number of dependent
family members is 7. So, in this matter, monthly loss of dependency
would come out to be Rs. 17,450.40 (4/5th of Rs. 21,813/-). This needs
to be multiplied by 12 to workout multiplicand/annual loss of
dependency. Hence, multiplicand for this matter would be
Rs.209,404.80 (rounded off to Rs.209,405/-) ( Rs. 17,450.40 x 12).
The Oriental Insurance Co. Ltd. vs Niru @ Niharika on 7 April, 2022
56. In view of the above, the respondent is directed to deposit a
sum of Rs. 14,22,125/- (Rupees Fourteen Lakhs Twenty Two Thousand
One Hundred Twenty Five only) along with interest @ 9% from the date
of filing of DAR i.e. w.e.f. 23.07.2024 till realization with the Civil
Nazir of this Tribunal within 30 days under intimation to the claimants,
failing which the respondents shall be liable to pay interest @ 12 % per
annum for the period of delay beyond 30 days. Reliance placed on case
titled as Oriental Insurance Company Ltd. Vs. Niru @ Niharika & Ors.
SLP no. 22136 of 2024 decided on 14.07.2025 by the Hon'ble Supreme
Court.
Bajaj Allianz General Insurance Co. ... vs Meera Devi & Ors. on 16 February, 2021
24. Reliance is also being placed upon the judgment of Hon'ble
Delhi High Court in case Bajaj Allianz General Insurance Co. Ltd. v.
Meera Devi, 2021 LawSuit (Del) 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."
Bimla Devi & Ors vs Himachal Road Transport Corpn. & Ors on 15 April, 2009
In Bimla Devi & Ors. v. Himachal
Road Transport Corporation & Ors (2009) 13 SC 530, it has been held
by Hon'ble Supreme Court of India that negligence must be decided on
the touchstone of preponderance of probabilities and a holistic view
must be adopted in reaching a conclusion. It is a matter of record that
the respondent was chargesheeted by the IO in the present case. He did
not appear in the court to prove that he had not caused the accident.
Hence, in view of the facts and circumstances of the present case, the
rash and negligent act of the respondent is proved.