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Smt. Komal And Another vs Smt. Sontosh Devi And 5 Others on 29 May, 2024 cites

Smt Bandhiya Devi And Others vs Smt.Reeta Devi And Others 19 ... on 16 August, 2019

This first appeal from order has been filed on behalf of claimants-appellants for enhancement of compensation against the judgment and award dated 21.07.2016, passed by Motor Accident Courts Tribunal / Additional District Judge, Court No. 3, Muzaffar Nagar, in M.A.C.P. No. 593 of 2013 (Ankush @ rahul and others vs. Smt. Santosh Devi and another) by which compensation of Rs. 10,69,338/- along with 7% interest has been awarded to the claimants-appellants and liability has been fixed upon the respondent Insurance Company.
Chattisgarh High Court Cites 10 - Cited by 3 - S Agrawal - Full Document

Nirmala Sahu vs State Of Chhattisgarh 40 Wps/432/2017 ... on 18 May, 2018

It is submitted by learned counsel for the appellants that the compensation awarded by the claims tribunal is too meager. The claimants had fully proved the income of the deceased as Rs. 12,000/- per month and the claims tribunal has erred in accepting Rs. 3,000/- as notional income of the deceased. It is further submitted that the age of the deceased was 22 years at the time of accident and the claims tribunal has wrongly applied the multiplier of 17, whereas, the multiplier of 18 would be applicable as per law laid down by Hon'ble Apex Court in the case of Smt. Sarla Verma vs. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.). Lastly, it is submitted that nothing has been awarded towards future prospects and only Rs. 15,000/- has been awarded for non pecuniary damages, whereas, the claimants are entitled for 40% future prospects and Rs. 70,000/- for non pecuniary damages.
Chattisgarh High Court Cites 5 - Cited by 4774 - M M Shrivastava - Full Document

National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017

Record shows that the claimants has not led any evidence regarding income of the deceased and the claims tribunal has accepted Rs. 3,000/- per month as notional income of the deceased. The accident was occurred on 30.09.2013 and as such, the notional income accepted by the claims tribunal is disappropriate and this Court is of the view that the notional income of Rs. 150/- per day (Rs. 4,500/- per month) is appropriate in view of the facts and circumstances of the case. The claimants are also entitled for future prospects and non pecuniary damages as per law settled by Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017 (4) T.A.C. 673. The appropriate multiplier of 18 is applicable in the present case as the age of the deceased was 22 years at the time of accident.
Supreme Court of India Cites 32 - Cited by 9815 - D Misra - Full Document
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