Search Results Page
Search Results
1 - 7 of 7 (0.81 seconds)Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
28. The claimants are the legal representatives of
deceased - Basappa Kopte. The deceased was aged
around 60 years at the time of the accident and there are
five dependents. The accident is of the year 2012 and as
per the guidelines issued by the Karnataka State Legal
Service Authority, monthly income of the deceased would
be Rs.6,500/-. After adding 10% towards future prospects
as per the judgment of the Hon'ble Supreme Court in the
case of National Insurance Company Limited Vs.
Pranay Sethi, reported in (2017) 16 SCC 680 and
applying the appropriate multiplier of '5' so also, deducting
1/4th towards personal expenses of the deceased as per
the judgment of the Hon'ble Supreme Court in the case of
Sarla Verma Vs. Delhi Transport Corporation reported
in (2009) 6 SCC 121, the claimants are entitled for
Rs.3,21,750/- (Rs.6,500+10%=Rs.7,150x12x5x3/4)
towards loss of dependency. By looking into the records,
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
28. The claimants are the legal representatives of
deceased - Basappa Kopte. The deceased was aged
around 60 years at the time of the accident and there are
five dependents. The accident is of the year 2012 and as
per the guidelines issued by the Karnataka State Legal
Service Authority, monthly income of the deceased would
be Rs.6,500/-. After adding 10% towards future prospects
as per the judgment of the Hon'ble Supreme Court in the
case of National Insurance Company Limited Vs.
Pranay Sethi, reported in (2017) 16 SCC 680 and
applying the appropriate multiplier of '5' so also, deducting
1/4th towards personal expenses of the deceased as per
the judgment of the Hon'ble Supreme Court in the case of
Sarla Verma Vs. Delhi Transport Corporation reported
in (2009) 6 SCC 121, the claimants are entitled for
Rs.3,21,750/- (Rs.6,500+10%=Rs.7,150x12x5x3/4)
towards loss of dependency. By looking into the records,
United India Insurance Co Ltd vs Smt Lalitha Rathan on 15 March, 2017
9. Sri Manvendra Reddy, the learned counsel
appearing for the Insurance Company (New India
Assurance Company) submitted that, the claimants were
travelling as gratuitous passengers in the goods tempo
bearing registration No.CAS-2903 and therefore, the
claimants are not entitled for compensation in the appeals
filed by them. The learned counsel further submitted that,
in view of the judgment of the Hon'ble Supreme Court in
the case of National Insurance Company vs. Rathani
and Others reported in 2009(2) SCC 75, the owner of
the goods tempo in question is liable for payment of
compensation to the claimants and therefore, sought for
dismissal of the appeals. He further argued that, carrying
Amudhavalli vs Hdfc Ergo General Insurance Co. Ltd. on 3 December, 2020
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
has filed four appeals by making pick and choose as to the
award made by the Tribunal. In this regard, it is relevant
to hold that, the claimants being the gratuitous
passengers, cannot be considered as persons covered
under Section 147 of the Motor Vehicles Act. It is also to
be noted that, it is the fundamental breach on the part of
the driver of the goods tempo to allow the claimants in
more number in the goods tempo, that too, in excess of
the capacity. It is also to be noted that, the owner of the
goods tempo cannot be permitted to adopt the attitude of
pick and choose in filing the appeals against the claimants
[See - 2023 LiveLaw (SC) 312]. It is a fundamental
breach on the part of the driver of the goods tempo to
allow the passengers in a goods vehicle and in view of the
judgment of the Hon'ble Supreme Court in the case of
Amudhavalli (supra), wherein, it is held that, allowing
the person to travel in goods carriage is a fundamental
breach. Therefore, the Tribunal has rightly exonerated
respondent No.4 - Insurance Company from indemnifying
Hitesh Nagjibhai Patel vs Bababhai Nagjibhai Rabari & on 3 October, 2017
30. The claimants are the legal representatives of
deceased - Krishna. The deceased was aged around 9
years at the time of the accident and therefore, the award
of compensation has to be assessed in terms of the
judgment of the Hon'ble Supreme Court in the case of
Hitesh Nagjibhai Patel (supra).
1