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1 - 10 of 29 (0.39 seconds)Section 338 in The Indian Penal Code, 1860 [Entire Act]
Jyoti Singh vs Nand Kishore & Ors on 16 December, 2021
In Jyoti Singh v. Nand Kishore & Ors.
(2023) 300 DLT 43, the Hon'ble High Court observed that:
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
51. This Tribunal has already assumed the monthly income of
petitioner to be Rs.23,600/- at the relevant time. As far as the age of
petitioner at the time of accident is concerned, as per the petitioner's
driving licence Ex. PW1/7, PAN Card Ex. PW1/8 and Aadhar Card Ex.
PW1/9, his date of birth is 18.11.2004. The date of accident is
26.04.2023. Hence, the age of petitioner as on the date of accident was
19 years. Therefore, in view of the law laid down by the Hon'ble
Supreme Court in case of Sarla Verma & Ors. Vs. Delhi Transport
Corporation & Anr.,(2009) 6 SCC 121, which has also been upheld by
Digitally
signed by
RUCHIKA
RUCHIKA SINGLA
MACT No.663/2023
SINGLA Date:
National Insurance Company Ltd vs Pranay Sethi And Others on 22 June, 2022
However, the Hon'ble
Supreme Court in Hanumantharaju B (dead) by Lr. v. M Akram Pasha
& Anr. SLP no. 2841-2842 of 2021 decided on 13.05.2025 has observed
that the future prospects as provided in the Pranay Sethi case shall be
payable in injury cases also. Hence, the future prospects of the
petitioner shall be 40% as he was less than 40 years at the time of
accident. As already discussed in the preceding para, the income of the
petitioner has been taken as Rs.23,600/-. In view of the above, the loss
of Income on account of functional disability is calculated as under:
The Motor Vehicles Act, 1988
Kajal vs Jagdish Chand on 5 February, 2020
2026.04.04
15:56:50
+0530
15,00,000/- under these heads. Judgment of the Hon'ble Supreme Court
in Kajal v. Jagdish Chand (2020) 4 SCC 413 was relied upon. The facts
of that case were very similar to that of the present case. In that matter
also, the claimant had suffered 100% disability. In the present matter, it
has to be appreciated that the petitioner was a young man of 19 years
when he met with the accident. The accident has rendered him immobile
and bed ridden. His whole future has been destroyed. Hence, relying
upon the above mentioned judgment, he is awarded a total amount of
Rs. 15,00,000/- towards pain and suffering, mental and physical shock
& loss of amenities to the petitioner.
Section 337 in The Indian Penal Code, 1860 [Entire Act]
Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010
In the case of Raj Kumar Vs. Ajay Kumar & Ors. (2011) 1
SCC 34, Hon'ble Supreme Court held as under:
The Oriental Insurance Co. Ltd. vs Niru @ Niharika on 7 April, 2022
2026.04.04
Khushwant Kapoor Vs. Harish Madan and Ors. Page 46 of 50
15:57:44
+0530
placed on case titled as Oriental Insurance Company Ltd. Vs. Niru @
Niharika & Ors. SLP no. 22136 of 2024 decided on 14.07.2025 by the
Hon'ble Supreme Court.