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1 - 7 of 7 (0.54 seconds)Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
In Meena Devi's case (supra), the Hon'ble Supreme Court had
considered the case of death of a 12 year child, in a motor vehicular accident
and while granting compensation, had observed that the principles laid down
in case of Kishan Gopal's case (supra), are aptly applicable to the facts of
the case (in hand), and thus, took the notional earnings as Rs.30,000/-
including future prospects and applied the multiplier of '15' (in view of the
decision of the Hon'ble Apex Court Sarla Verma's case (supra) and the loss
of dependency was worked upon to be Rs.4,50,000/- and addition of
Rs.50,000/- was made under the conventional heads. The total compensation
was worked upon as Rs.5,00,000/-.
Mrs. Helen C. Rebello & Ors vs Maharashtra State Road Transport ... on 18 September, 1998
Every method or
mode adopted for assessing compensation has to be considered
in the background of 'just" compensation which is the pivotal
consideration. Though by use of the expression "which appears
to it to be just" a wide discretion is vested in the Tribunal, the
determination has to be rational, to be done by a judicious
approach and not the outcome of whims, wild guesses and
arbitrariness. The expression 'just" denotes equitability,
fairness and reasonableness, and non-arbitrary, if it is not so it
cannot be just. (See Helen C. Rebello v. Maharashtra SRTC,
1998(4) RCR (Civil) 177 (SC): 1991(1) SCC 90)."
Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018
As per 'Magma General Insurance Company Limited vs.
Nanu Ram @ Chuhru Ram and others, 2018 (18) SCC 130', the
dependents of the deceased/claimants, are entitled to 'parental', 'spousal' or
'filial' consortium, as required. Thus, the parents the deceased, are entitled
to 'filial' consortium, on the count of 'loss of consortium'.
National Insurance Company Ltd vs Pranay Sethi Son Of Late Prashant Sethi ... on 20 April, 2011
As per National Insurance Company Limited vs. Pranay Sethi
and others, 2017(4) RCR (Civil) 1009, with the enhancement clause of 10%,
after every three years of the passing of the judgment, the compensation, on
the count of 'loss of consortium', works out to be, Rs.48,400/- to each of the
claimants i.e. Rs.48400x2=Rs.96,800/- and on the similar pattern, on the
counts of 'loss of estate' and 'funeral expenses', the compensation payable,
comes to be Rs.18,150/-, on each count.
Lata Wadhwa & Ors vs State Of Bihar & Ors on 16 August, 2001
In Lata Wadhwa and others vs. State of Bihar and others,
2001(4) RCR (Civil) 673 (SC), the Hon'ble Supreme Court, held that while
computing compensation, distinction between deceased children falling
within the age group of 5 to 10 years and age group of 10 to 15 years, can be
made. Further, it was observed that the compensation determined for the
children, for all age group, could be doubled, of what is stated in Schedule II
of the Motor Vehicle Act, as the determination was made grossly inadequate
and the loss of children is irrecoupable and no amount of money could
compensate the parents.
State Of Haryana And Another vs Jasbir Kaur & Ors on 5 August, 2003
In this regard, before proceeding further, beneficial reference is
made to 'State of Haryana and another vs. Jasbir Kaur and others,
2003(4) RCR (Civil) 140', wherein, it was held as herein given:-
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