• SC

    INSURANCE
    Standard fire and special perils policy—Repudiation of claim—Fire broke out at the insured Customs bonded warehouse resulting in damage to goods—Insurance company relying on the forensic report and survey reports of its surveyors repudiated the claim on the grounds that: (i) fire-affected premises was not covered under the policy; (ii) fire occurred due to negligence of insured while carrying out roof welding work; and (iii) construction work in the ... Read more.

    New India Assurance Co. Ltd. v. Mudit Roadways  
    2024 ACJ 289
  • SC

    NEGLIGENCE
    Medical negligence—Compensation—Patient underwent surgery of left lung but post-operation developed hoarseness in voice—Patient filed complaint alleging that he was assured by the surgeon that he will regain his voice within 6-8 months with nebulization and voice therapy but his voice was not restored—National Commission found that patient suffered paralysis of left vocal cord due to faulty insertion of Double Lumen Tube while administering ... Read more.

    J. Douglas Luiz v. Manipal Hospital  
    2024 ACJ 494
  • SC

    QUANTUM
    Fatal accident—Deceased a truck driver aged 33, getting Rs. 3,500 p.m.—Claimants: widow, daughter and mother—Tribunal took income at Rs. 3,000 p.m. and awarded Rs. 4,29,000—High Court assessed income at Rs. 4,000 p.m. and enhanced the award to Rs. 7,02,000—Apex Court considering that deceased was a skilled worker and his income would have increased with time awarded additional compensation of Rs. 4,00,000 and enhanced the award to Rs. 11,02,000. ... Read more.

    Rehiyanathu Beevi v. Divisional Manager, United India Insurance Co. Ltd.  
    2024 ACJ 305
  • SC

    QUANTUM
    Fatal accident—Deceased an agriculturist and commission agent—Tribunal took income at Rs. 4,500 p.m. and awarded Rs. 7,33,500—High Court affirmed Tribunal’s award—Apex Court considering that even an unskilled labourer could have earned Rs. 4,500 p.m. at the relevant time assessed income at Rs. 7,000 p.m., added 40 per cent of income for future prospects, deducted th for personal expenses, adopted multiplier of 17 and allowed Rs. 14,99,400 ... Read more.

    Savithribai v. Divisional Manager, National Insurance Co. Ltd.  
    2024 ACJ 497
  • SC

    QUANTUM
    Deductions—Ex gratia payment on compassionate ground—Whether amount received under Haryana Compassionate Assistance to the Dependants of Deceased Government Employees Rules, 2006, is deductible while assessing compensation for death of government employee in road accident—Held: yes; dependants of the employee who dies in harness owing to road accident cannot receive double benefit as opposed to those dependants of an employee who dies owing to some ... Read more.

    Krishna v. Tek Chand  
    2024 ACJ 443
  • SC

    QUANTUM
    Fatal accident—Tribunal awarded Rs. 1,99,800 which was enhanced by the High Court to Rs. 3,53,500—Apex Court considering the date of accident, age of the deceased, number of dependants and future prospects awarded additional compensation of Rs. 2,00,000 and enhanced the award to Rs. 5,53,500. ... Read more.

    Kailash Rani v. Ashok Kumar  
    2024 ACJ 310
  • SC

    MOTOR VEHICLES ACT, 1988
    Section 166—Claim application—Transfer of claim—Accident occurred in Panaji, Goa and claimants were also residing at Panaji at the time of accident—Claimants seek transfer of claim application from MACT, Panaji to MACT, Aurangabad, Bihar where they shifted after the accident as they were left with no other source of livelihood after the death of the sole bread earner—Whether it is a fit case to transfer proceedings from ... Read more.

    Bhagirathi Devi v. Rafiq Khan  
    2024 ACJ 684
  • SC

    QUANTUM
    Fatal accident—Deceased a girl aged 9, student of class IV—Claimants: parents—Tribunal took notional income at Rs. 15,000 p.a. and awarded Rs. 75,000 which was enhanced to Rs. 1,56,000 by the High Court—Apex Court considering that accident occurred in 1981 enhanced the compensation to Rs. 3,26,000 including Rs. 70,000 towards conventional heads. ... Read more.

    Ram Narain v. New India Assurance Co. Ltd.  
    2024 ACJ 660
  • SC

    QUANTUM
    Fatal accident—Deceased a housewife aged 50—Claimants: husband, daughter and son—Tribunal awarded Rs. 2,50,000 which was affirmed by the High Court—Apex Court held that role of a homemaker is as important as that of a family member with tangible income and her contribution is of a high order therefore income of a homemaker cannot be less than the wages payable to a daily wager under Minimum Wages Act—Apex Court assessed income at Rs. 4,000 ... Read more.

    Arvind Kumar Pandey v. Girish Pandey  
    2024 ACJ 567
  • SC

    QUANTUM
    Fatal accident—Deceased aged 52, an agriculturist running a dairy farm and government contractor—Claimants: widow, daughter, son and mother—Tribunal took income at Rs. 50,000 p.m. and awarded Rs. 51,64,550—High Court fixed income at Rs. 20,000 p.m. and reduced the award to Rs. 22,48,000—Apex Court found that deceased was engaged in multiple activities and the land owned by him is not being cultivated after his death and considering the value ... Read more.

    Vethambal v. Oriental Insurance Co. Ltd.  
    2024 ACJ 716
  • SC

    QUANTUM
    Fatal accident—Deceased a girl, B.Tech (Computer Science) student—Claimants: parents—Tribunal awarded Rs. 47,10,000 which was reduced to Rs. 30,54,000 by the High Court—Apex Court held that High Court was justified in taking income at Rs. 20,000 p.m., adding 40 per cent of income for future prospects and deducting 50 per cent for personal expenses but it failed to award compensation under conventional heads—Apex Court allowed Rs. 88,000 ... Read more.

    Kumud Gupta v. Iffco-Tokio General Ins. Co. Ltd.  
    2024 ACJ 658
  • SC

    QUANTUM
    Interest—Allowed at the rate of 9 per cent per annum from the date of claim application till realization. ... Read more.

    Ram Narain v. New India Assurance Co. Ltd.  
    2024 ACJ 660
  • SC

    QUANTUM
    Interest—Allowed at the rate of 8 per cent per annum from the date of filing of claim application till realization. ... Read more.

    Vethambal v. Oriental Insurance Co. Ltd.  
    2024 ACJ 716
  • SC

    LIFE INSURANCE
    Repudiation of claim—Suppression of material facts—Burden of proof—Death of assured in a train accident—Insurance company repudiated the claim on the ground that assured had taken multiple life insurance policies from other insurance companies but he answered the queries in the proposal form relating to existing policies in the negative suppressing the material fact and the said information was vital for its underwriting decision—District ... Read more.

    Mahakali Sujatha v. Branch Manager, Future Generali India Life Ins. Co. Ltd.  
    2024 ACJ 721
  • SC

    MOTOR VEHICLES ACT, 1988
    Sections 147 (1) and 149 (2)—Motor insurance—Liability of insurance company—Pay and recover order—Tribunal and High Court exonerated insurance company from liability—Apex Court considering the facts of the case and exercising the powers under Article 142 of Constitution directed insurance company to pay compensation and then recover the amount from owner; further observing that owner has not challenged exoneration of insurance ... Read more.

    Sarita Devi v. National Insurance Co. Ltd.  
    2024 ACJ 881
  • SC

    WORDS AND PHRASES
    ‘Burden of proof’ and ‘onus of proof’—Distinction explained. ... Read more.

    Mahakali Sujatha v. Branch Manager, Future Generali India Life Ins. Co. Ltd.  
    2024 ACJ 721
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