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1 - 10 of 17 (0.24 seconds)The Indian Penal Code, 1860
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
28. In order to consider the age of deceased, the relevant document
is his 10th class certificate (Ex. PW1/4), wherein his recorded date of birth is
mentioned as 01.05.1981. Date of accident being 25.08.2021, the age of
deceased was more than 40 years but less than 41 years as on the date of
accident. Hence, the multiplier of 15 would be applicable in view of the case
"Sarla Verma Vs. Delhi Transport Corporation", 2009 ACJ 1298 SC which
has been reaffirmed by the pronouncement made by Constitutional Bench of
Apex Court in the case titled as "National Insurance Company Ltd. Vs.
Pranay Sethi & Ors.", passed in SLP(Civil) No. 25590/14 decided on
31.10.17.
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021
(i) The petitioner is directed to open a Motor Accident Claims Annuity
(Term) Deposit Account (MACAD) in terms of order dated 07.12.2018 of
Hon'ble Justice J.R. Midha in case titled as Rajesh Tyagi and Others Vs.
Jaibir Singh and Others F.A.O No. 842/03 as per clause 31 of MCTAP and
form VIII titled as Motor Accident Claims Annuity Deposit (MACAD)
Scheme as directed in the said order.
Anjali vs Lokendra Rathod on 6 December, 2022
19. Section 168 of the Motor Vehicle Act 1988 enjoins upon the
Claims Tribunal to hold an inquiry into the claim to make an award
determining the amount of compensation which appears to it to be just and
reasonable. The guiding principles for assessment of "just and reasonable
compensation" in fatal case has been laid down by Hon'ble Supreme Court
of India, in case titled as Smt. Anjali & Ors., Vs. Lokendra Rathod & Ors,
in Civil Appeal No. 9014 of 202, decided on 06.12.2022 that: -
K. Suresh vs New India Assurance Co.Ltd & Anr on 19 October, 2012
20. The Hon'ble Apex Court has held that the compensation should
be just and is not expected to be a windfall or a bonanza nor it should be
niggardly or a pittance. Reliance is placed on 2012 (8) SLT 676 titled K.
Suresh Vs. New India Assurance Co. Ltd. The aforesaid Principle of law
Jyoti Pal & Ors. Vs. Rais & Ors. Judge MACT 02(North) Page 14 of 33
MACP No. 448/21; FIR No. 713/21; PS. Alipur DOD: 22.05.2024
has also been reiterated by a landmark judgment of the Hon'ble Supreme
court in 2017 (13) SCALE 12 : 2017 XI AD (SC) 113 titled National
Insurance Co. Ltd. Vs. Pranay Sethi and Ors. Accordingly, the quantum
of appropriate and adequate compensation to the victim of road accident is to
be derived after assessment of various relevant parameters, as per law.
Hereinafter, assessment is divided into several criteria, as applicable to the
facts of the present case.
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
[As per the judgment Pranay Sethi(Supra), two
Jyoti Pal & Ors. Vs. Rais & Ors. Judge MACT 02(North) Page 27 of 33
MACP No. 448/21; FIR No. 713/21; PS. Alipur DOD: 22.05.2024
escalations of 10% each is awarded since the date of accident in the
present matter is 25.08.2021]
National Insurance Company Ltd vs Pranay Sethi And Others on 22 June, 2022
28. In order to consider the age of deceased, the relevant document
is his 10th class certificate (Ex. PW1/4), wherein his recorded date of birth is
mentioned as 01.05.1981. Date of accident being 25.08.2021, the age of
deceased was more than 40 years but less than 41 years as on the date of
accident. Hence, the multiplier of 15 would be applicable in view of the case
"Sarla Verma Vs. Delhi Transport Corporation", 2009 ACJ 1298 SC which
has been reaffirmed by the pronouncement made by Constitutional Bench of
Apex Court in the case titled as "National Insurance Company Ltd. Vs.
Pranay Sethi & Ors.", passed in SLP(Civil) No. 25590/14 decided on
31.10.17.
Bajaj Allianz General Insurance ... vs Pooja & Ors. on 2 November, 2017
Further, the
Hon'ble High Court of Delhi in appeal titled as Pooja's case (supra), has
been pleased to observe in para 18 of the judgment that the constitution
bench decision in Pranay Sethi's case (supra) does not recognize any other
non-pecuniary head of damages. Hence, no amount of compensation is being
awarded under this head.