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Oriental Insurance Company Limited

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M.V. Act – COMPENSATION TO A CHILD = What is the just and fair compensation to be awarded to a child, who suffered disability in a motor accident, is the main point arising for consideration in this case.= In Kum. Michael vs. Regional Manager, Oriental Insurance Company Limited and Another[4], this Court considered the case of an eight year old child suffering a fracture on both legs with total disability only to the tune of 16%. It was held that the child should be entitled to an amount of Rs.3,80,000/- on these counts. 12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Re.1 lakh, unless there are exceptional circumstances to take different yardstick. In the instant case, the disability is to the tune of 18%. Appellant had a longer period of hospitalization for about two months causing also inconvenience and loss of earning to the parents. The appellant, hence, would be entitled to get the compensation as follows: – | HEAD |COMPENSATION AMOUNT | |Pain and suffering already |Rs.3,00,000/- | |undergone and to be suffered in | | |future, mental and physical shock, | | |hardship, inconvenience, and | | |discomforts, etc., and loss of | | |amenities in life on account of | | |permanent disability. | | |Discomfort, inconvenience and loss |Rs.25,000/- | |of earnings to the parents during | | |the period of hospitalization. | | |Medical and incidental expenses |Rs.25,000/- | |during the period of | | |hospitalization for 58 days. | | |Future medical expenses for |Rs.25,000/- | |correction of the mal union of | | |fracture and incidental expenses | | |for such treatment. | | |TOTAL:- |Rs.3,75,000/- | 13. The impugned judgment of the High Court in M.F.A. No. 1146 of 2008 is accordingly modified. The claimant will be entitled to a total compensation of Rs.3,75,000/- along with interest @ 6% per annum from the date of the petition. First respondent – Insurance Company is directed to deposit the enhanced compensation with interest as above within two months from today. On such deposit, it will be open to the appellant to approach the Tribunal for appropriate orders on withdrawal. The appeal is allowed as above.

 published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40696 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7139 OF 2013 [Arising out of S.L.P.(Civil) No. 1676 of 2012] Master Mallikarjun … Appellant (s) Versus Divisional Manager, the National Insurance Company Limited & Anr. … Respondent (s) J U D G M E N T KURIAN, J.: Leave granted. 2. … Continue reading

Motor Vehicles Act, 1988 – s. 166 – Fatal accident of a 22 year old student having brilliant career – Claim for compensation by his parents – Tribunal awarding compensation estimating his monthly income at Rs. 18,000/ Dependency of parents calculated at 1/3 of his income – Cross appeals – High court maintaining estimated income, while holding the dependency as 2/3 of the income – On appeal, held: Income of the deceased should have been estimated at Rs. 25,000/- pm – Deduction of 1/3 of the income justified. Respondents-claimants filed a petition u/s. 166 of Motor Vehicles act, 1988 for the death of their 22 year old son in a motor accident. They made a claim of Rs. 75 lakhs compensation on the premise that while he was doing his studies in U.K., he was earning Rs. 80,000/- per month in a part time job. After competition of his studies, he got an offer in a U.S. Based company at an annual salary of Rs. 18 lakhs. Tribunal passed the award considering his earning capability as Rs. 18,000/- per month and deducting 2/3 thereof as his personal expenses. In view of age of the claimants multiplier of 13 applied. Claimants filed an appeal seeking enhancement in the amount of compensation. Their plea was that dependency of the parents should have been considered at 2/3rd of the income and that expenses incurred during treatment should have been awarded. Cross-objection was filed by the Insurance Company. High court maintained the estimated income of the deceased, but opined that dependency of the claimants should have been at 2/3rd of the income. A sum of Rs. 1,25,000/- was also awarded towards medical expenses. Hence, the present cross-appeals. =Allowing the appeal filed by the claimants and dismissing that filed by the Insurance Company, the Court HELD: 1.1. The fact that the deceased was a brilliant student is not in dispute. He had graduated in Business Administration in U.K. Even as a student, in a job on a part-time basis he was being paid a salary of Rs.80,000/- per month ((UK

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. __3482______OF 2009 [Arising out of Special Leave Petition (Civil) No. 2997 of 2007] ORIENTAL INSURANCE CO. LTD. …APPELLANT VERSUS DEO PATODI & ORS. … RESPONDENTS WITH CIVIL APPEAL NO. _3492_______OF 2009 [Arising out of Special Leave Petition (Civil) No. 3807 of 2007] … Continue reading

Shri Shivlal Verma (husband of appellant No.1, father of appellant Nos. 2 and 3 and son of Shri Swaminath and Smt. Tulsi Devi) died in an -MULTIPLIER IS 17

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6480 OF 2011 (Arising out of SLP(C) No. 951 of 2010) Urmila and others … Appellants Versus Rashpal Kaur and others … Respondents J U D G M E N T G.S. Singhvi, J. 1. Leave granted. 2. Feeling dissatisfied with the enhancement … Continue reading

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