claim petition

This tag is associated with 16 posts

Insurance claim for the patient is medically described as in a “vegitiative state” and patient is called as “spastic quadric paresys = the appellants had in fact proved that they had spent Rs.3,49,128/- towards medical expenses for treating their son. They had to purchase certain instruments worth Rs.58,642/- for making life of their son comfortable and Rs.31,000/- had been spent towards nursing and Rs.1,37,000/- had to be spent for Physiotherapist. Looking at the fact that Rajanala Ravi Krishna will have to remain dependant for his whole life on someone and looking at the observations made by the Tribunal, which have been reproduced hereinabove, in our opinion, his life is very miserable and there would be substantial financial burden on the appellants for the entire life of their injured son. At times it is not possible to award compensation strictly in accordance with the law laid down as in a particular case it may not be just also. We are hesitant to say that it is a reality of life that at times life of an injured or sick person becomes more miserable for the person and for the family members than the death. Here is one such case where the appellants, even during their retired life will have to take care of their son like a child especially when they would have expected the son to take their care. 13. Though, the High Court has rightly followed the principle laid down in the case of Sarla Verma (supra), in our opinion, the amount of compensation awarded by the Tribunal is more just.

NON-REPORTABLE     IN THE SUPREME COURT OF INDIA   CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO. 8083 OF 2013 (Arising out of SLP(C) No.26872 of 2011)   R. Venkata Ramana & Anr. …..Appellants Versus   The United India Insurance Co. Ltd. & Ors. …..Respondents   J U D G M E N T   … Continue reading

can an Insurance Company disown its liability on the ground that the driver of the vehicle although duly licensed to drive light motor vehicle but there was no endorsement in the licence to drive light motor vehicle used as commercial vehicle.= The heading “Insurance of Motor Vehicles against Third Party Risks” given in Chapter XI of the Motor Vehicles Act, 1988 (Chapter VIII of 1939 Act) itself shows the intention of the legislature to make third party insurance compulsory and to ensure that the victims of accident arising out of use of motor vehicles would be able to get compensation for the death or injuries suffered. The provision has been inserted in order to protect the persons travelling in vehicles or using the road from the risk attendant upon the user of the motor vehicles on the road. To overcome this ugly situation, the legislature has made it obligatory that no motor vehicle shall be used unless a third party insurance is in force. 18. Reading the provisions of Sections 146 and 147 of the Motor Vehicles Act, it is evidently clear that in certain circumstances the insurer’s right is safeguarded but in any event the insurer has to pay compensation when a valid certificate of insurance is issued notwithstanding the fact that the insurer may proceed against the insured for recovery of the amount. Under Section 149 of the Motor Vehicles Act, the insurer can defend the action inter alia on the grounds, namely, (i) the vehicle was not driven by a named person, (ii) it was being driven by a person who was not having a duly granted licence, and (iii) person driving the vehicle was disqualified to hold and obtain a driving licence. Hence, in our considered opinion, the insurer cannot disown its liability on the ground that although the driver was holding a licence to drive a light motor vehicle but before driving light motor vehicle used as commercial vehicle, no endorsement to drive commercial vehicle was obtained in the driving licence. In any case, it is the statutory right of a third party to recover the amount of compensation so awarded from the insurer. It is for the insurer to proceed against the insured for recovery of the amount in the event there has been violation of any condition of the insurance policy. In the instant case, admittedly the driver was holding a valid driving licence to drive light motor vehicle. There is no dispute that the motor vehicle in question, by which accident took place, was Mahindra Maxi Cab. Merely because the driver did not get any endorsement in the driving licence to drive Mahindra Maxi Cab, which is a light motor vehicle, the High Court has committed grave error of law in holding that the insurer is not liable to pay compensation because the driver was not holding the licence to drive the commercial vehicle. The impugned judgment is, therefore, liable to be set aside. 20. We, therefore, allow this appeal, set aside the impugned judgment of the High Court and hold that the insurer is liable to pay the compensation so awarded to the dependants of the victim of the fatal accident. However, there shall be no order as to costs.

published in http://judis.nic.in/supremecourt/filename=40464   Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO… 4834 OF 2013 (Arising out of Special Leave Petition (Civil) No.5091 of 2009) S. IYYAPAN Appellant (s) VERSUS M/S UNITED INDIA INSURANCE COMPANY LTD. AND ANOTHER Respondent(s) JUDGMENT M.Y. Eqbal, J.: Leave granted. 2. The right of the … Continue reading

(1) If an Insurance Company can prove that it does not have any liability to pay any amount in law to the claimants under the Motor Vehicles Act or any other enactment, can the Court yet compel it to pay the amount in question giving it liberty to later on recover the same from the owner of the vehicle. (2) Can such a direction be given under Article 142 of the Constitution, and what is the scope of Article 142? Does Article 142 permit the Court to create a liability where there is none?” = The pendency of consideration of the above questions by a larger Bench does not mean that the course that was followed in Baljit Kaur5 and Challa Bharathamma6 should not be followed, more so in a peculiar fact situation of this case. In the present case, the accident occurred in 1993. At that time, claimant was 28 years’ old. He is now about 48 years. The claimant was a driver on heavy vehicle and due to the accident he has been rendered permanently disabled. He has not been able to get compensation so far due to stay order passed by this Court. He cannot be compelled to struggle further for recovery of the amount. The insurance company has already deposited the entire awarded amount pursuant to the order of this Court passed on 01.08.2011 and the said amount has been invested in a fixed deposit account. Having regard to these peculiar facts of the case in hand, we are satisfied that the claimant (Respondent No. 1) may be allowed to withdraw the amount deposited by the insurance company before this Court along-with accrued interest. The insurance company (appellant) thereafter may recover the amount so paid from the owner (Respondent No. 2 herein). The recovery of the amount by the insurance company from the owner shall be made by following the procedure as laid down by this Court in the case of Challa Bharathamma6 . 26. Appeal is allowed and disposed of as above with no order as to costs.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5 OF 2013 (Arising out of SLP(C) No. 20127 of 2011) Manager, National Insurance Co. Ltd. …… Appellant Vs. Saju P. Paul and Another ……Respondents JUDGMENT R.M. LODHA, J. Leave granted. 2. The appellant, insurance company, is in appeal by special leave … Continue reading

when the deceased earning only Rs.1500/- per month, his personal expenditure should be counted only at 1/10th of his income. even though the sons may be majors, in absence of income to them, they can be treated as dependents. Future prospects of income may be considered as 30% eventhough the deceased is not govt. employee. In the result, the appeal is allowed, the impugned judgment as also the award of the Tribunal are set aside and it is declared that the claimants shall be entitled to compensation of Rs.2,94,840 [Rs.1,500 + 30% of Rs.1,500 = Rs.1,950 less 1/10th towards personal expenses = Rs.1,755 x 12 x 14 =Rs.2,94,840]. The claimants shall also be entitled to Rs.5,000/- for transportation of the body, Rs.10,000/- as funeral expenses and Rs.10,000/- in lieu of loss of consortium. Thus, the total amount payable to the claimants will be Rs.3,19,840/-. The enhanced amount of compensation i.e. Rs.1,42,340/- (Rs.3,19,840 – Rs.1,77,500) shall carry interest of 7 per cent from the date of application till realisation. 18. Respondent No.1 – Insurance Company is directed to pay to the appellant the total amount of compensation within a period of three months by getting prepared a demand draft in her name which shall be delivered to her at the address given in the claim petition filed before the Tribunal. While doing so, respondent No.1 shall be free to deduct the amount already paid to the appellant..

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3723 OF 2012 (arising out of SLP (C) No. 24489 of 2010) Santosh Devi … Appellant Versus National Insurance Company Ltd. and others … Respondents J U D G M E N T G.S. SINGHVI, J. 1. Leave granted. 2. Feeling dissatisfied with … Continue reading

whether the appellant, United India Insurance Company Limited (insurer) is absolved of its obligations to the third party under the policy of insurance because the cheque 1Page 2 given by the owner of the vehicle towards the premium got dishonoured and subsequent to the accident, the insurer cancelled the policy of insurance.- the owner of the bus obtained policy of insurance from the insurer for the period April 16, 2004 to April 15, 2005 for which premium was paid through cheque on April 14, 2004. The accident occurred on May 11, 2004. It was only thereafter that the insurer cancelled the insurance policy by communication dated May 13, 2004 on the ground of dishonour of cheque which was received by the owner of the vehicle on May 21, 2004. The cancellation of policy having been done by the insurer after the accident, the insurer became liable to satisfy award of compensation passed in favour of the claimants. 21. In view of the above, the judgment of the High Court impugned in the appeal does not call for any interference. Civil appeal is dismissed. However, the insurer shall be at liberty to prosecute its remedy to recover the amount paid to the claimants from the insured. No order as to costs.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3589 OF 2012 (Arising out of SLP(C) No. 23511 of 2009) United India Insurance Co. Ltd. …. Appellant Versus Laxmamma & Ors. ….Respondents JUDGMENT R.M. Lodha, J. Leave granted. 2. The only question that arises for consideration in this appeal by … Continue reading

when the parties are capable to handle their compensation amount and when they are in dire need of the compensation amount, entire amount should be released with out insisting for fixed deposites==It was pointed out that if the money was locked up in a nationalised bank, only the bank would be benefited by the deposit as they give a paltry interest which could not be equated to the costs of materials which were ever increasing. It was further stated that the delay in payment of compensation amount exposed the appellants to serious prejudice and economic ruin.=The prayer in the application of the appellants for release of the 8 amount invested in long term deposits stands allowed. The entire amount of compensation shall be withdrawn and paid to the appellants without any further delay.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1095 OF 2012 [arising out of SLP (C) No. 22521 of 2008]   A.V. Padma & Ors. … Appellants Versus   R. Venugopal & Ors. … Respondents     J U D G M E N T   CYRIAC JOSEPH, J.   … Continue reading

how to fix compensation when a leg of driver was amputated = The decision reported in 2011 ACJ 1 (cited supra) has been relied upon both by the insurer as well as the claimant. In the said decision, the Apex Court has laid down that the ascertainment of the effect of permanent disability on the actual earning capacity involves three steps and the same has been laid down in paragraph 10, which reads as follows :

In the High Court of Judicature at Madras Dated : 04/1/2012 Coram : The Honourable Mr.Justice K.MOHAN RAM and The Honourable Mr.Justice G.M.AKBAR ALI CIVIL MISCELLANEOUS APPEAL(NPD)Nos.2597 and 2630 of 2011 and all connected pending MPs AND MP.NO.5 OF 2011 United India Insurance Co.Ltd., Rattan Bazaar, Chennai-3. Appellant in CMA No.2597/2011 and R2 in CMA.No.2630 … Continue reading

Motor Vehicles Act, 1988 – Motor accident – Death of 36 year old man – Claim for compensation by his six dependants – Awarded by Tribunal – Enhanced by High Court – On appeal, held: Compensation further enhanced recalculating the same by increasing salary by 50% towards future prospects; deducting 30% towards taxes and 25% towards personal expenses and by applying multiplier of 15. Compensation – For motor accident – Deduction of 30% from the income of the deceased towards taxes – Propriety of – Held: If annual income is in taxable range, appropriate deduction towards taxes is proper. After death of a Sub-Inspector of Police aged 36 years, in a motor accident, six of his dependants made a claim for compensation. The Tribunal awarded compensation of Rs. 14,44,600/- with 9% interest p.a. after deducting one third from his gross monthly salary towards personal and living expenses, and by applying multiplier of 13. High Court on appeal enhanced the compensation to Rs. 14,65,776/-. It reached the amount by making addition to income towards future prospects, deducting therefrom 30% towards deduction from salary; by deducting one fourth of income towards personal expenses, and by applying multiplier of 13. The instant appeal was filed for enhancement of compensation contending that deduction of 30% towards taxes was not warranted and that the court should have applied multiplier of 16. =Allowing the appeal, the Court HELD: 1. Wherever the deceased is below 40 years of age and had a permanent job, the actual salary (less tax) should be increased by 50% towards future prospects, to arrive at the monthly income. Where the number of dependants of a deceased are in the range of 4 to 6, the deduction towards personal and living expenses of the deceased should be 25%. In regard to persons aged 36 to 40 years, the appropriate multiplier should be 15. Applying the said principles, compensation in the instant case is recalculated. The compensation is increased from Rs.14,66,600/- to Rs.19,70,250/-. The increased amount shall carry interest at the rate of 6% per annum from the date of claim petition to the date of payment. [Paras 6 and 9] [421-B-C; 422-E] Sarla Verma vs. Delhi Transport Corporation 2009 (6) SCC 121, relied on. 2. The deduction of 30% from the salary is correct. Where the annual income is in the taxable range, appropriate deduction should be made towards tax. In the instant case as the annual income has been worked out as Rs.2,48,292/-, appropriate deduction has to be made towards income-tax. The rate of income tax is a varying figure, with reference to taxable income after permissible deductions and the year of assessment. The High Court has rightly assessed the deduction as 30%. However, it is clarified that while ascertaining the income of the deceased, any deductions shown in the salary certificate as deductions towards GPF, life insurance premium, repayments of loans etc., should not be excluded from the income. The deduction towards income tax/surcharge alone should be considered to arrive at the net income of the deceased. [Para 8] [421-H; 422-A-D] Sarla Verma vs. Delhi Transport Corporation 2009 (6) SCC 121, distinguished. Case Law Reference: 2009 (6) SCC 121 Relied on. Para 6 Distinguished. Para 8 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5316 of 2010. From the Judgment & Order daed 20.4.2007 of the HIgh Court of Delhi at New Delhi in F.A.O. No. 250 of 2003. R.K. Khanna for the Appellant. A.K. Raina, Dr. Kailash Chand for the Respondent.

IN THE SUPREME COURT OF INDIA Reportable CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5316 OF 2010 (Arising out of SLP (C) No.668/2008) Shyamwati Sharma & Ors. … Appellants Vs. Karam Singh & Ors. … Respondents JUDGMENT R. V. RAVEENDRAN J., Leave granted. 2. This is an appeal for enhancement of compensation, by the mother, widow, … Continue reading

The appellant herein filed claim petition i.e., Execution Application No. 215 of 2007, and in the said claim petition, he stated that originally the property belongs to the deceased borrower and after his death, respondent No.3 herein /Judgment debtor No.3, being the son, acquired the schedule property and sold away the same under Ex.A.1 to the appellant herein. However, the Court below dismissed the said application on the ground that since respondent No.3 / judgment debtor No.3 is not having any right to execute Ex.A.1, the appellant is not having any right to convey the title over the suit schedule property. Hence, the present Civil Revision Petition. 3. Originally the property sought to be attached and sold in execution proceedings owned by the father of judgment debtor No.3. Father of judgment debtor No.3 died intestate leaving behind the respondents herein as legal heirs. Therefore, judgment debtor No.3 has no absolute right to convey the title in respect of schedule property to any third party. At best he is having a share in the property. Further, claim petitioner is an agreement holder. It does not confer any title to him. The appellant herein is sold the E.P. schedule property to one Challa Vijaya Kumar under a registered sale deed, dated 07.05.2007 under a registered document No.1060. By virtue of this document, appellant already sold away the property in question. Hence, he has no interest or title to the property.

            IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND ELEVEN             PRESENT             THE HON‘BLE SRI JUSTICE K.C.BHANU             APPEAL SUIT NO.154 OF 2011 Between : Nagubandi Venkata Rambabu                                 …APPELLANT A N D Adapa Satyanarayana and others.                            …RESPONDENTS             THE HON’BLE SRI JUSTICE K.C. BHANU … Continue reading

Motor Vehicles Act, 1988 – s. 173 – Motor accident – Resulting in death – Claim for compensation – Award by Motor Accident Claims Tribunal – Appeal by insurer contending that application for claim being u/s 173, not maintainable in view of s.53 of Employees States Insurance Act, 1948 – Appeal dismissed by High Court =On appeal, Held: Entitlement to the claim to be worked out by the Tribunal by taking note of s. 53 – Employees States Insurance Act, 1948 – s. 53. Regional Director, ESI Corporation and Anr. v. Francis De Costa and Anr. 1993 Suppl.(4) SCC 100; A. Trehan v. Associated Electrical Agencies 1996(4) SCC 255 and Bharagath Engg. v. R. Rangamayaki 2003(2)SCC 138, relied on. Case Law Reference: 1993 Suppl.(4) SCC 100 Relied on Para 6 1996(4) SCC 255 Relied on Para 7 2003(2) SCC 138 Relied on Para 8 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3324 of 2009. From the Judgment & Order dated 28.10.2002 of the High Court of Judicature at Allahabad in FAFO No. 2019 of 2002. Atul Nanda, R. Hakeem, Sanjay Bhardwaj and P.N. Puri for the Appellants. K. Radhakrishnan, B. Sunita Rao, Sunita Sharma, S.N. Terdol and Sushma Suri for the Respondents.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3324 of 2009 (Arising out of SLP(C) No. 5989 of 2003) National Insurance Co. Ltd. ….Appellant Versus Hamida Khatoon and Ors. ….Respondents JUDGMENT Dr. ARIJTI PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment of the Division … Continue reading

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