Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
Further, the High Court has erred in not following the rules as laid down
by this Court in awarding compensation under other conventional heads as
mentioned hereunder.
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1 - 6 of 6 (0.22 seconds)Jiju Kuruvila & Ors vs Kunjujamma Mohan & Ors on 2 July, 2013
The observations made by this Court in the case of Juju Kuruvila (supra)
certainly apply to the fact situation on hand. Based on the evidence
recorded in the present case, we are of the opinion that there is no
contributory negligence on the part of the deceased but on the other hand
the negligence is on the part of the driver of the respondent-Corporation
bus.
National Insurance Company Ltd vs Indira Srivastava & Ors on 12 December, 2007
Further, with regard to gross annual income of the deceased, to determine
the loss of dependency of the appellants, we refer to the case of National
Insurance Co. Ltd. v. Indira Srivastava[3], wherein this Court has held as
under:-
Smt. Rajesh And Others vs Rajbir Singh And Others on 29 January, 2010
We are of the view that the appellants are entitled to
Rs.1,00,000/- for loss of consortium, Rs.1,00,000/- for loss of love and
affection as per the rule laid down by this Court in Rajesh & Ors. v.
Rajbir Singh & Ors.[4], Rs.10,000/- for funeral expenses as per the rules
laid down by this Court in Amrit Bhanu Shali & Ors. v. National Insurance
Co. Ltd. & Ors.[5] and Rs.1,00,000/- for loss of estate.
Amrit Bhanu Shali & Ors vs National Insurance Co. Ltd. & Ors on 4 April, 2012
The computation made by both the Tribunal and the High Court after
deducting the amount out of the compensation under the head of loss of
dependency towards contributory negligence and not taking gross income of
the deceased as laid down by this Court in Indira Srivastava’s case (supra)
has rendered the determination of the compensation under the head of loss
of dependency bad in law. Further, the quantification of compensation from
all other heads as indicated in the preceding paragraph by us as both the
Tribunal and the High Court have erred in not following rule laid down by
this Court on this aspect in the catena of cases referred to supra.
Therefore, we set aside the same and award the compensation as per the
calculations made in the penultimate paragraph of this judgment.
M.C.D vs Asscn.,Victims Of Uphaar Tragedy & Ors on 13 October, 2011
As regards to awarding of interest on the compensation, the courts below
have erred in awarding only 6% interest p.a. on the compensation awarded
instead of 9% p.a. by applying the decision of this Court in Municipal
Corporation of Delhi v. Association of Victims of Uphaar Tragedy[6].
Therefore, we have to award the interest @9% p.a. on the compensation
determined in this appeal.
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