Search Results Page
Search Results
1 - 10 of 11 (0.29 seconds)Mangla Ram vs The Oriental Insurance Company Ltd on 6 April, 2018
11. The aforesaid aspect can be viewed by referring to the following
observations in Mangla Ram vs. Oriental Insurance Company Limited and
ors. (2018) 5 SCC 656 :
N. K. V. Bros (P) Ltd vs M. Karumai Ammal And Ors. Etc on 21 March, 1980
24. It will be useful to advert to the dictum in N.K.V. Bros. (P) Ltd. vs.
M. Karumai Ammal (1980) 3 SCC 457, wherein it was contended by
the vehicle owner that the criminal case in relation to the accident had
ended in acquittal and for which reason the claim under the Motor
Vehicles Act ought to be rejected. This Court negatived the said
argument by observing that the nature of proof required to establish
culpable rashness, punishable under IPC, is more stringent that negligence
sufficient under the law of tort to create liability. ... "
Dulcina Fernandes & Ors vs Joaquim Xavier Cruz & Anr on 8 October, 2013
In Culcina Fernandes vs. Jaaquim Xavier Cruz (2013) 10
SCC 646, this Court examined similar situation where the evidence of
claimant's witness was discarded by the Tribunal and that the respondent
in that case was acquitted in the criminal case concerning the accident.
This Court, however, opined that it cannot be overlooked that upon
investigation of the case registered against the respondent, prima facie,
materials showing negligence were found to put him on trial.
The New India Assurance Co. Ltd vs Pazhaniammal on 20 July, 2011
Similarly, in New India Assurance Co. Ltd. vs. Pazhaniammal
and ors. 2012 ACJ 1370 it has been observed thus :
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
13. As it has been found that the accident occurred due to rash and
negligent driving of the driver of tractor-trolley, the claimants would be
entitled to receive compensation. The evidence on record indicates that the
deceased was working as a Medical Officer and as per the salary certificate at
Exhibit-77 he was receiving net salary of Rs.13,520/- per month. Amount of
profession tax being deducted was Rs.300/-. It is thus clear that the
deceased was received net salary of Rs.13,220/- per month. The annual
salary would therefore be (13,220 x 12) Rs.1,58,640/- . 1/3rd amount was
liable to be deducted for personal expenses and hence the annual salary after
such deduction (1,58,640-52,880) would be Rs.1,05,760/-. Considering the
age of the deceased, multiplier of eleven was rightly applied by the Claims
Tribunal and this would make the total loss to be (1,05,760 x 11)
Rs.11,63,360/-. By applying the law as laid down in National Insurance
::: Uploaded on - 18/06/2019 ::: Downloaded on - 14/07/2019 18:02:01 :::
214-FA-302-08 13/13
Company Ltd. vs. Pranay Sethi (2017) 16 SCC 680, 40% amount towards
future prospects was liable to be awarded which comes to Rs.4,65,344/-.
Further amount of Rs.70,000/- on the conventional heads is also liable to be
awarded. This would make the total amount of compensation (Rs.11,63,360
+ 4,65,344 + 70,000) Rs.16,98,704/-. The total amount of compensation
would be payable with interest at the rate of 9% per annum by respondent
Nos.1 to 4. Point No.(II) is answered accordingly.
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Bajaj Auto Ltd. vs Commissioner Of C Ex. And Cus. on 6 October, 2004
vi) Bajaj Auto Ltd. vs. Commissioner of C. Ex. Pune 2000 SCC Online
CEGAT 172.