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1 - 10 of 29 (0.30 seconds)Article 141 in Constitution of India [Constitution]
The Motor Vehicles Act, 1988
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
In Arun Kumar Agrawal, the Apex Court, after
noticing some of the precedents in which guiding principles have
been laid down for determination of the compensation payable to
the victims of motor accident or their legal representatives, held
that though, Section 163A of the Motor Vehicles Act does not, in
terms apply to the cases in which claim for compensation is filed
under Section 166 of the Act, in the absence of any other definite
criteria for determination of compensation payable to the
dependents of a non-earning housewife/mother, it would be
reasonable to rely upon the criteria specified in Clause (6) of the
Second Schedule and then apply appropriate multiplier keeping in
view the decisions in General Manager, Kerala State Road
Transport Corporation v. Susamma Thomas [(1994) 2 SCC
176]; U.P. State Road Transport Corporation v. Trilok
Chandra [(1996) 4 SCC 362]; Sarla Verma v. Delhi Transport
Corporation [(2009) 6 SCC 121]; and also take guidance from
the decision in Lata Wadha v. State of Bihar [(2001) 8 SCC
197].
Article 136 in Constitution of India [Constitution]
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
14. Now coming to the last aspect, i.e., the conventional
heads, in National Insurance Company Ltd. v. Pranay
Sethi [(2017) 16 SCC 680], it has been standardised at
Rs.15,000 for loss of estate; Rs.40,000 towards loss of
consortium (in the present case loss of love and affection)
and Rs.15,000 towards funeral expenses. The total amount,
MACA No. 380 of 2010 -34-
thus, would be Rs.70,000, which as per the said judgment is
capable of being enhanced @ 10 percent in the span of every
three years. However, we are still within the window of three
years." "underline supplied"
Indian Bank vs Abs Marine Products Pvt. Ltd on 18 April, 2006
In State of Punjab v. Rafiq Masih [(2014) 8 SCC
883] a Three-Judge Bench of the Apex Court affirmed the view
taken in ABS Marine Products' case (supra) holding that, the
directions issued under Article 142 do not constitute a binding
precedent unlike Article 141 of the Constitution of India. They are
direction issued to do proper justice and exercise of such power,
MACA No. 380 of 2010 -41-
cannot be considered as law laid down by the Supreme Court under
Article 141 of the Constitution of India. The Apex Court held further
that, the directions of the Court under Article 142 of the
Constitution, while moulding the relief, that relax the application of
law or exempt the case in hand from the rigour of the law in view
of the peculiar facts and circumstances do not comprise the ratio
decidendi and therefore lose its basic premise of making it a
binding precedent. Paras.11 to 13 of the judgment read thus;
Lata Wadhwa & Ors vs State Of Bihar & Ors on 16 August, 2001
In Arun Kumar Agrawal, the Apex Court, after
noticing some of the precedents in which guiding principles have
been laid down for determination of the compensation payable to
the victims of motor accident or their legal representatives, held
that though, Section 163A of the Motor Vehicles Act does not, in
terms apply to the cases in which claim for compensation is filed
under Section 166 of the Act, in the absence of any other definite
criteria for determination of compensation payable to the
dependents of a non-earning housewife/mother, it would be
reasonable to rely upon the criteria specified in Clause (6) of the
Second Schedule and then apply appropriate multiplier keeping in
view the decisions in General Manager, Kerala State Road
Transport Corporation v. Susamma Thomas [(1994) 2 SCC
176]; U.P. State Road Transport Corporation v. Trilok
Chandra [(1996) 4 SCC 362]; Sarla Verma v. Delhi Transport
Corporation [(2009) 6 SCC 121]; and also take guidance from
the decision in Lata Wadha v. State of Bihar [(2001) 8 SCC
197].
U.P. State Road Transport Corporation ... vs Trilok Chandra & Others on 7 May, 1996
In Arun Kumar Agrawal, the Apex Court, after
noticing some of the precedents in which guiding principles have
been laid down for determination of the compensation payable to
the victims of motor accident or their legal representatives, held
that though, Section 163A of the Motor Vehicles Act does not, in
terms apply to the cases in which claim for compensation is filed
under Section 166 of the Act, in the absence of any other definite
criteria for determination of compensation payable to the
dependents of a non-earning housewife/mother, it would be
reasonable to rely upon the criteria specified in Clause (6) of the
Second Schedule and then apply appropriate multiplier keeping in
view the decisions in General Manager, Kerala State Road
Transport Corporation v. Susamma Thomas [(1994) 2 SCC
176]; U.P. State Road Transport Corporation v. Trilok
Chandra [(1996) 4 SCC 362]; Sarla Verma v. Delhi Transport
Corporation [(2009) 6 SCC 121]; and also take guidance from
the decision in Lata Wadha v. State of Bihar [(2001) 8 SCC
197].