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Tag: Grant Compensation In Accidental Deaths

All Compensation Judgments for Motor Vehicle Accidents or other mishaps

Posted on January 4, 2021 by ShadesOfKnife

Here is a list of case laws (includes decisions from Supreme Court, High Courts, District Court and other bodies such as Consumer forums) regarding compensation in cases of accidental death or disability or other mishap which entitles compensation for the aggrieved. This is done under provisions under CrPC or Schemes setup by Courts/Government or under Article 21 of Constitution. Can be used to seek compensation in cases of loss of life, part/full disability, loss of reputation, loss of companionship etc.

 

  1. Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981
  2. Hari Kishan & Anr Vs Sukhbir Singh & Ors on 25 August, 1988
  3. Mary Angel & Ors Vs State Of Tamil Nadu on 13 May, 1999
  4. The Oriental Insurance Company Ltd Vs Meena Variyal and Ors on 2 April 2007
  5. Vimalben Ajitbhai Patel Vs Vatslabeen Ashokbhai Patel And others on 14 March, 2008
  6. In Re Ramlila Maidan Incident Dt. 4.06.2011 Vs UOI and Ors on 23 February 2012
  7. A.Shanmugam Vs Ariya K.R.K.M.N.P.Sangam on 27 April, 2012
  8. Md.Ajmal Md.Amir Kasab @Abu Mujahid Vs State Of Maharashtra on 29 August, 2012
  9. Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited on 25 September 2015
  10. Mukesh & Anr Vs State For Nct Of Delhi & Ors on 5 May, 2017
  11. Sulochana Vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017
  12. Babloo Chauhan @ Dabloo Vs State Govt. of NCT of Delhi on 30 November, 2017
  13. Royal Sundaram Alliance Insurance Co. Ltd. Vs Pawan Balram Mulchandani On 25 September, 2018
  14. Rajeev Singhal & Anr Vs MCD (East Delhi Municipal Corporation) & Anr On 27 September, 2018
  15. The State of Maharastra Vs Chandrabhan Sudam Snap on 20 December, 2018
  16. Kadek Dwi Ani Rasmini Vs Inspector of Police on 02 January, 2019
  17. MS Royal Sundaram Alliance Vs Mandala Yadagari Goud and Ors on 9 April, 2019
  18. Joginder Singh and Anr Vs ICICI Lombard General Insurance Company on 14 August, 2019
  19. Muppa Venkateswara Rao Vs State of AP on 10 March 2020
  20. Gas leak at LG Polymers on 06 May 2020
    • Supreme Court proceedings
  21. Arun Sharma Vs State of M.P. on 02 Nov 2020

 


Index of MASTER sitemap here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Article 21 - Protection of life and personal liberty CrPC 250 - Compensation For Accusation Without Reasonable Cause CrPC 357 - Order to pay compensation Grant Compensation For False Prosecution Grant Compensation In Accidental Deaths Grant Compensation To Victims Of Fraud Medical College Grant Compensation To Victims Of Mob-violence | Leave a comment

United India Insurance Co Ltd Vs Satwinder Kaur and Ors on 30 June 2020

Posted on November 9, 2020 by ShadesOfKnife

3 judge bench granted compensation to the surviving members of a fatal-accident victim, while revisting a catena of a landmark SC judgments.

United India Insurance Co Ltd Vs Satwinder Kaur and Ors on 30 June 2020

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Grant Compensation In Accidental Deaths Motor Accident Insurance Claim Reportable Judgement or Order United India Insurance Co Ltd Vs Satwinder Kaur and Ors | Leave a comment

Compensation for Accident Victims and Families of Accident Victims

Posted on December 24, 2018 by ShadesOfKnife

Accidents have risen over years in India and deaths occurring in such accidents have also risen considerably. To give relief to the victims of such accidents and the families of victims who lost their life, both Government and Supreme Court have issued appropriate directions. The below is same for everyone’s benefit.

https://www.hindustantimes.com/india-news/fir-enough-to-award-compensation-to-accident-victim-or-the-family-says-supreme-court/story-9Yh2KMuRcLn9ZZaI2TLusI.html

https://timesofindia.indiatimes.com/india/damages-for-road-accident-victims-to-increase-10-fold/articleshow/64130148.cms

https://www.thehindubusinessline.com/news/kin-of-road-accident-victims-to-get-5-lakh-compensation/article23971743.ece

https://timesofindia.indiatimes.com/india/kin-seek-rs-25-lakh-for-accident-death-sc-awards-them-rs-50-lakh/articleshow/66929120.cms

https://www.livelaw.in/centre-amends-motor-accident-compensation-scale-under-no-fault-liability/

Here is the Amendment to the MV Act 1988 fixing the compensation of 5 lakh rupees in case of accidental death.

Ministry of Road Transport and Highways Notification

Similarly, for train accidents too while boarding/de-boarding.

https://www.livelaw.in/victim-entitled-to-compensation-when-death-or-injury-is-in-the-course-of-boarding-or-de-boarding-a-train-sc-resolves-conflicting-views-in-railway-accident-claims-matters-read-judgment/


Of course, in appropriate cases, criminal proceedings can also be initiated under Section 304A in The Indian Penal Code


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Posted in Judicial Activism (for Public Benefit) | Tagged Grant Compensation In Accidental Deaths Work-In-Progress Article | Leave a comment

Royal Sundaram Alliance Insurance Co. Ltd. Vs Pawan Balram Mulchandani On 25 September, 2018

Posted on October 19, 2018 by ShadesOfKnife

In this case adjudicated by National Consumer Disputes Redressal Commission, it was held unequivocally that a murder is an accidental death from the perspective of the policy holder or accidental death insurance policy. Moreover ‘Murder’ was not specifically excepted in the policy.

It has granted Rs.20,00,000/- sum assured with 9% interest per annum from the date of repudiation along with cost of Rs.25,000/-.  In addition, reasonable compensation of Rs.2,00,000/- shall also be paid by the insurance company to the nominees of the policy holder/deceased.

Royal Sundaram Alliance Insurance Co. Ltd. Vs Pawan Balram Mulchandani On 25 September, 2018

CItations :

Other Sources :

Posted in National Consumer Disputes Redressal Commission | Tagged Grant Compensation In Accidental Deaths Murder Is Accident For Insurance Purposes Royal Sundaram Alliance Insurance Co. Ltd. Vs Pawan Balram Mulchandani | Leave a comment

Rajeev Singhal & Anr Vs MCD (East Delhi Municipal Corporation) & Anr On 27 September, 2018

Posted on October 17, 2018 by ShadesOfKnife

In this judgment from Hon’ble High Court of Delhi, the parents of a 14 year old boy who got accidentally electrocuted in a Delhi park were paid compensation of Rs.27,38,607.81 to which they would also be entitled to the interest @ 9% per annum to be calculated from the date of the presentation of the writ petition till actual payment is made.

 

Rajeev Singhal & Anr Vs MCD (East Delhi Municipal Corporation) & Anr On 27 September, 2018

Some news around this case/incident here and here.


Citations :

Other Sources :

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Grant Compensation In Accidental Deaths Rajeev Singhal and Anr Vs MCD (East Delhi Municipal Corporation) and Anr | Leave a comment

Radhakrishna and another Vs Gokul and others on 31 October, 2013

Posted on July 12, 2018 by ShadesOfKnife

This is a landmark judgment where in Hon’ble Supreme Court has held out the settle principles in dealing with compensation paid in case of accidental deaths.

In Sarla Verma v. D.T.C. (2009) 6 SCC 121, a two-Judge Bench of this Court took cognizance of the lack of uniformity and consistency in awarding compensation to the victims of accidents caused by motor vehicles, referred to the judgments in U.P.S.R.T.C. v. Trilok Chandra (1996) 4 SCC 362, G.M., Kerala SRTC v. Susamma Thomas (1994) 2 SCC 176 and made the following observations:

To have uniformity and consistency, the Tribunals should determine compensation in cases of death, by the following well-settled steps:
Step 1 (Ascertaining the multiplicand)
The income of the deceased per annum should be determined. Out of the said income a deduction should be made in regard to the amount which the deceased would have spent on himself by way of personal and living expenses. The balance, which is considered to be the contribution to the dependant family, constitutes the multiplicand.

Step 2 (Ascertaining the multiplier)
Having regard to the age of the deceased and period of active career, the appropriate multiplier should be selected. This does not mean ascertaining the number of years he would have lived or worked but for the accident. Having regard to several imponderables in life and economic factors, a table of multipliers with reference to the age has been identified by this Court. The multiplier should be chosen from the said table with reference to the age of the deceased

Step 3 (Actual calculation)
The annual contribution to the family (multiplicand) when multiplied by such multiplier gives the “loss of dependency” to the family.

Thereafter, a conventional amount in the range of Rs 5000 to Rs 10,000 may be added as loss of estate. Where the deceased is survived by his widow, another conventional amount in the range of 5000 to 10,000 should be added under the head of loss of consortium. But no amount is to be awarded under the head of pain, suffering or hardship caused to the legal heirs of the deceased.

From Paras 15 and 16,

In the result, the appeal is partly allowed. The impugned judgment is modified and it is declared that the appellants shall be entitled to compensation of Rs.7,00,000 with interest at the rate of 6% per annum on the enhanced amount with effect from the date of filing petition under Section 166 of the Act.

Respondent No.3 is directed to pay the amount of enhanced compensation and interest within a period of three months by getting prepared two demand drafts of equal amount in the names of appellant Nos.1 and 2. It will be open to respondent No.3 to recover from respondent Nos.1 and 2 their respective shares of the compensation.

Here Respondent No.3 is the insurance company. 🙂

 

Radhakrishna and another Vs Gokul and others on 31 October, 2013
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Grant Compensation In Accidental Deaths Radhakrishna and another Vs Gokul and others | Leave a comment

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