...the judgment of National Insurance Company v. Pranay Sethi (2017) 16 SCC 680 Accordingly, the appeal is allowed and the future prospects at the...was insured with respondent no. 2 insurance company and the liability was fixed on the insurance company by the Tribunal. The award was made as per the following table:—Head.../-3. The matter was taken in appeal to the High Court, which after considering the submissions of the insurance company awarded them increased compensation on the opinion that the income of the...

...National Insurance Company v. Pranay Sethi [2017 (5) KHC 350].2. The appellants had produced two documents being Exts. A6 and A7 before the Tribunal...basis of the decision in National Insurance Company v. Pranay Sethi [2017 (5) KHC 350].5. Considering the.... The learned counsel for the Insurance Company points out that the Tribunal had specifically considered these documents and found that they cannot be relied on for reason of no proof being offered. It is...

...towards future prospects. It is against the decision of the apex court in National Insurance Company V. Pranay Sethi [2017 (4) KLT 662 (SC...)]. There is a duplication in disability compensation. 5. In Yadava Kumar v. D.M. National Insurance Co. Ltd...was ex-parte. The driver contended that the accident was not due to his negligence. The insurer admitted the insurance of the vehicle. The claimant did not adduce any oral evidence, but his documents...

...his monthly income. In addition to that, he is entitled to get 40% increase in view of the decision rendered in National Insurance Company V. Pranay Sethi [2017.... The insurer admitted the insurance of the vehicle. This appeal was tried along with OP(MV) Nos.2174/03 and 2175/03. The appellant evidence consists of the documentary evidence of Exts.A1 to A15...abroad as a foreman in Light Industries and Aluminium Company, Kuwait and was getting Rs.30,000/- per month, but the M.A.C.A. No. 2196 of 2010 learned Tribunal took only Rs.2,500/- as...

...that this reduction is upon applying the law laid down by the Hon'ble Supreme Court in the case of National Insurance Company v. Pranay Sethi (2017.... 6. The impugned award is modified to the aforesaid extent by consent. 7. Mr. Lopes, learned Counsel for the appellant/Insurance Company, states that...precondition for the institution of this appeal. This amount can be adjusted by the Insurance Company when making the deposit in terms of this order that is made with the consent of the learned Counsel for the...

...Goel (2017 ACJ 2057). 4. Apex court in National Insurance Company V. Pranay Sethi [2017 (4) KLT 662 (SC)] held M.A.C.A No.648 of 2012 as follows: ...deceased was travelling in a motor cycle No.KL-11-V-7550 as a pillion rider through Kozhikode-Kannur NH road and when he reached near St.Michel's School, another vehicle No.KL-11-Y-7767 hit against...insurer admitted the insurance of the vehicle. Claimants did not adduce any oral evidence but their documents were marked as Exts.A1 to A7. 3. The learned counsel appearing for the...

...Corporation, reported in (2009) 6 SCC 121 and National Insurance Company v. Pranay Sethi reported in (2017) 16 SCC 680 could also be...submits that the law applied, for compensation to victims of Motor Accident Claims inter alia in the case of Sarla Verma v. Delhi Transport...

...National Insurance Company v. Pranay Sethi [(2017) 16 SCC 680], a Constitutional Bench held that, 10% appreciation can be given for every three years. Taking into consideration...Court in National Insurance Company v. Pranay Sethi [(2017) 16 SCC 680], the maximum that can be awarded is Rs... Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236], the notional income to be taken, for an accident case, which happened in the year 2015 is Rs.10,000/-. But the Tribunal had taken 50% as future prospects. 6. As per the decision reported in National Insurance Company v. Pranay Sethi (2017...

...% was added towards future prospects, which is against the decision of the apex court in National Insurance Company v. Pranay Sethi [2017.... It is pertinent to note that the Apex court in National Insurance Company v. Pranay Sethi [2017 (4) KLT 662 (SC)] held as follows....7. The first respondent was getting Rs. 10,000/- per month from Vineetha Tourist Boat and in view of National Insurance Company v. Pranay Sethi [2017...

...NATIONAL INSURANCE COMPANY v. PRANAY SETHI [2017 (4) KLT 662 (SC)]. There is also scope for enhancement of the amounts under..., the Tribunal refused to mark it. Even then, it has to be noticed that in RAMACHANDRAPPA v. MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE...the various heads, as declared in PRANAY SETHI [Supra]. In computing the monthly income for the purpose of determining compensation for loss of dependancy, 40% has to be added and then one half reduced...

...National Insurance Company v. Pranay Sethi [2017 (5) KHC 350], as tabulated below:Sl. No. Head of Claim Amount awarded by the Tribunal (Rs...monthly income of Rs. 4,500/- for a coolie, as seen from Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Ltd...

...Syed Sadiq v. Divisional Manager, United India Insurance Company Limited [(2014) 2 Supreme Court Cases 735], his monthly income is fixed as Rs. 4,000/-. While adding 40% (4,000 × 40%=1600) of the income towards future prospects in view of National Insurance Company v. Pranay Sethi [2017...Insurance Company v. Pranay Sethi [2017 (4) KLT 622 (SC)] held as follows:61. In view of the aforesaid analysis, we proceed to record our conclusions...insurers of the bus and lorry admitted the insurance of the vehicles. Others did not contest the matter. Claimants did not adduce any oral evidence, but the documents were marked as Exts.A1 to A4...

...Court in National Insurance Company V. Pranay Sethi [2017 (4) KLT 662 (SC)] held as follows: 61. In view...in National Insurance Company V. Pranay Sethi [2017 (4) KLT 662 (SC)] held as follows: ...can be considered for calculating the dependency. 40 percentage of the income M.A.C.A No. 519 of 2008 has to be added with the income in view of Pranay Sethi case (supra) that is Rs.2,000/-. Total...

...interference is necessary. 4. Apex court in National Insurance Company V. Pranay Sethi [2017 (4) KLT 662 (SC...National Insurance Company V. Pranay Sethi [2017 (4) KLT 662 (SC)], Rs.15,000/- is awarded for funeral expense and Rs.15,000/- for loss of estate. The award...necessary method of computation. The established income means the income minus the tax component. (v) For determination of the multiplicand, the deduction for personal and...

...the Insurance Company has further submitted that on account of increase in the income with reference to future prospects, the Motor Accident Claims Tribunal has enhanced the income by adding 50% which should be 40% as per the judgment of the Constitution Bench in the case of National Insurance Company v. Pranay Sethi, 2017...compensation.3. Learned counsel for the Insurance Company has submitted that the Motor Accident Claims Tribunal has assessed the income of the deceased at Rs. 10,000/- per month....6. Learned counsel for the Insurance Company has further submitted that on account of conventional heads, Rs. 2,25,000/- has been awarded which can at the most be Rs. 70,000...

.../- towards loss of consortium and Rs. 1,00,000/- towards loss of love and affection, to each of the four heirs that he had lift behind. Challenging, the Award, the Insurance Company has preferred this appeal. 3. The learned counsel for the Insurance Company has raised three objections; a) that as per the ratio in National Insurance Company v. Pranay Sethi [(2017...is preferred by the second respondent/Insurance Company in M.C.O.P. No. 61 of 2012 on the file of Motor Accident Claims Tribunal/Sub Court, Sivakasi. 2. In a fatal... 7. In the result, the Civil Miscellaneous Petition is partly allowed. The learned counsel for the Insurance Company submitted that the appellant has deposited the entire...

...National Insurance Company v. Pranay Sethi and others (AIR 2017 SC 5157), and Hem Raj v. the Oriental Insurance Co. Ltd.... However, the ratio in Pranay Sethi has been considered by the Apex Court in a subsequent judgment in the case of Hem Raj, wherein, it is held that the principle of addition is invokable even in the cases...is true that at a first blush the contention of the learned counsel for the Insurer based upon the text of Para 61 of the judgment of Apex Court in Pranay Sethis case, appears to be attractive...

...National Insurance Company v. Pranay Sethi and others - (AIR 2017 SC 5157), and Hem Raj v. the Oriental Insurance Co...judgment of Apex Court in Pranay Sethis case, appears to be attractive. However, the ratio in Pranay Sethi has been considered by the Apex Court in a subsequent judgment in the case of Hem Raj, wherein...

...ground raised by the counsel is that in view of the proposition of National Insurance Company v. Pranay Sethi, 2017 (4) RCR Civil 1009, 15...the driver being a minor could not hold a driving licence and consequently gave recovery rights to the Insurance Company. Appeal has been filed by the Insurance Company on the ground that once it was...appearing on behalf of Insurance Company very fairly pleaded that since no stay was granted and the amount was ultimately paid, his appeal bearing FAO No. 5640-2013 has become infructuous...

Can't display summary as content is Scanned, Please open the judgment to see full content.