Court : Supreme Court of India
Reported in : 2009(8)MLJ758; 2009(10)SCC123; 2010(1)SCJ408; AIR2009SCW6784; AIR2010(2)(Bom)R272; AIR2010SC868; 2009(2)SCC(L&S)743
..... entire interest in the property and it does not cover the transfer of only an interest in the property by way of a mortgage.in the present case we have to consider whether the statutory first charge which is created under section 11-aaaa of the rajasthan sales tax act over the property of the dealer or a person liable to pay sales tax and/or other dues under the rajasthan sales tax act, is created in respect of the entire interest in the property or only the mortgagor's ..... accumulations required to be transferred under sub-section (2) of section 15 or under sub-section (5) of section 17 or any charges payable by him under any other provision of this act or of any provision of the scheme or the insurance scheme; or(b) from the employer in relation to an exempted establishment in respect of any damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of this act or under any of ..... . we undertake to repay the principal of the loan with interest and all expenses due by us by _____ as stipulated in para (2) hereof if the period, be extended by the said bank before ..... . by the impugned order, the high court disposed of both the applications and issued various directions including the following:-"(a) out of the amount of rs.9,24,08,254/-, the amount of rs.4,20,67,446/- (principal amount rs.1,75,10,477/- plus interest rs.2,45,56,969/-) be paid to the assistant provident fund commissioner so as to appropriate towards the provident fund dues .....
Tag this Judgment!Court : Supreme Court of India
..... of 2011 filed by the appellant was considered and the high court modified its earlier order vide its order dated 10.3.2011 directing the insurance company to deposit the amount with interest with the registry of the high court and out of the said amount, it has directed the registry to keep 70% in the fixed deposit in the name of the appellant in any of the nationalized bank for a period of five years and the balance amount be disbursed to the ..... this has been very lightly interfered with by the learned judge of the high court without application of mind and consideration of legal evidence on record particularly in the absence of rebuttal evidence and further, the insurance company was unable to show that the documents referred to supra produced by the appellant in her evidence are fabricated documents, which have been produced with deliberate intention to prefer a false claim in this regard as contended by ..... further, it was contended by the counsel for the respondent-insurance company that the compensation awarded under different heads referred to supra towards not pecuniary damages is not based on proper appreciation of facts and legal evidence on record particularly in the absence of evidence to prove the fact that she is an income tax assessee since no proof is produced in this regard before the tribunal to prove her annual income based on which her future loss of income could be determined. ..... she has also stated in her evidence that she is an assessee for income tax. .....
Tag this Judgment!Court : Supreme Court of India
..... the claimants, being the appellants- parents, who have lost their son at the age of 10 years in the motor vehicle accident and the vehicle was insured with respondent no.3 - the insurance company, preferred claim petition under section 140 read with section 166 of the motor vehicles act, 1988 (in short the 'm.v ..... . further, it is urged that in the absence of evidence of either the driver or the owner of the tractor and also in the absence of rebuttal evidence on behalf of the insurance company in support of its pleadings, the finding of fact recorded by the tribunal stating that the accident did not take place on account of rash and negligent driving of the offending vehicle by the driver is erroneous, as it has failed to consider the evidence on record in a proper perspective in favour of the ..... though respondent nos.1 & 3 have filed their counter affidavits reiterating the averments made in the counter statement filed by the insurance company before the tribunal extracting certain portion from the fir and statements of evidence of aw-1 the father of the deceased and aw- 2 - the brother of the deceased and placed strong reliance upon the definition of 'trailer' as defined under section 2(46) of the m.v ..... . iii) we direct the insurance company to issue the demand draft drawn on any nationalized bank by apportioning the compensation amount equally with proportionate interest and send it to the appellants within six weeks from the date of receipt of a copy of this judgment. .....
Tag this Judgment!Court : Supreme Court of India
..... both the respondents were held to be jointly and severally liable to pay the compensation but respondent no.2 being the insurer was held to have the primary obligation to pay compensation on behalf of the insured and was directed to deposit the award amount within one month from the date of ..... the tribunal had awarded compensation of [pic].4,83,472/- under various heads along with 7% interest per annum from the date of filing of the petition till the date of realization ..... the insurance company is directed to deposit 50% of the awarded amount with proportionate interest within four weeks from the date of receipt of a copy of this order, after deducting the amount if already paid, in any of the nationalized bank of the choice of the appellant for a period ..... total compensation the appellant is entitled to is [pic].14,59,100/- along with 9% interest per annum from the date of the accident till the date of realization.16. ..... the present case, a monthly income of [pic].4,500/- as claimed by the appellant for his work as an embroiderer is reflective of ground realities and is not exorbitant by any standard and in the interest of justice, we should accept his claim. ..... thus, a total compensation of [pic].4,83,472/- was awarded to the appellant with interest @ 7% per annum from the date of filing of the petition till the date ..... 7% per annum and the respondent no.2 was directed to pay this enhanced amount with interest in favour of the appellant within four weeks from the date of receipt of copy of .....
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..... 5,000/- for loss of estate and [pic].10,000/- for loss of consortium and thereby the compensation amount was determined at [pic].4,28,000/- and also directed that interest to be paid at the rate of 6% per annum on the total compensation amount from the date of filing of the petition till ..... engine no.ibvbtf91396 model discover, time: at about 10 pm at malvia chowk, then a driver of truck bearing registration no.hr-56-6047 brought from the front side with high speed and careless and hit the motor cycle going on the side, due to which sandeep chauhan received many injuries and due to that injuries and the motor cycle was damaged and the injured sandeep chauhan was died to while taking him to the hospital?. ..... of salary is concerned, we do not express any opinion since we have found that the appellant could not prove the salary certificate and for such reason, we do not intend to interfere with the opinion expressed by the tribunal on the established principle of notional income and accordingly, we do not want to disturb the said notional income while calculating the total compensation in favour of the appellant.8. ..... reasonable to say that a person who is self-employed or is engaged on fixed wages will also get 30 per cent increase in his total income over a period of time and if he / she becomes victim of accident then the same formula deserves to be applied for calculating the amount of compensation. 6. ..... insurance ..... while accidence was having insurance, d.l. ..... oriental insurance co. .....
Tag this Judgment!Court : Supreme Court of India
..... for the appellants that: the compensation awarded to the appellants under the heads of loss of future income was inadequate by taking notional income as only rs.15,000/- per annum for the appellant-minors and rs.18,000/- per annum for the appellant-father; no compensation has been awarded towards the medical attendants who attended the appellants to take care of them for a period of 3 months treatment after ..... @slp(c) no.21666 of 2013 the respondent insurance company is directed to deposit a sum of rs.4,00,000/- with proportionate interest for a period of 3 years with the liberty to the appellant-minor, kumari kiran to withdraw the same by filing an application for her education, development and welfare; the remaining amount of rs.1,43,844/- with proportionate interest shall be paid to the appellant-minor through her father by way of either a demand draft or deposited with the motor ..... @slp(c) no.21670 of 2013 the respondent insurance company is directed to deposit a sum of rs.4,00,000/- with proportionate interest for a period of 3 years with the liberty to the appellant (who may have become a major) sachin to withdraw the same by filing an application for his education, development and welfare; the remaining amount of rs.1,58,876/- with proportionate interest shall be paid to him by way of either a demand draft or deposited with the motor accidents claims ..... , 2574 of 2010 and 2579 of 2010 by the high court of judicature of madhya pradesh, principal bench at jabalpur, urging .....
Tag this Judgment!Court : Supreme Court of India
..... for the appellants that: the compensation awarded to the appellants under the heads of loss of future income was inadequate by taking notional income as only rs.15,000/- per annum for the appellant-minors and rs.18,000/- per annum for the appellant-father; no compensation has been awarded towards the medical attendants who attended the appellants to take care of them for a period of 3 months treatment after ..... @slp(c) no.21666 of 2013 the respondent insurance company is directed to deposit a sum of rs.4,00,000/- with proportionate interest for a period of 3 years with the liberty to the appellant-minor, kumari kiran to withdraw the same by filing an application for her education, development and welfare; the remaining amount of rs.1,43,844/- with proportionate interest shall be paid to the appellant-minor through her father by way of either a demand draft or deposited with the motor ..... @slp(c) no.21670 of 2013 the respondent insurance company is directed to deposit a sum of rs.4,00,000/- with proportionate interest for a period of 3 years with the liberty to the appellant (who may have become a major) sachin to withdraw the same by filing an application for his education, development and welfare; the remaining amount of rs.1,58,876/- with proportionate interest shall be paid to him by way of either a demand draft or deposited with the motor accidents claims ..... , 2574 of 2010 and 2579 of 2010 by the high court of judicature of madhya pradesh, principal bench at jabalpur, urging .....
Tag this Judgment!Court : Supreme Court of India
..... has noted that the tribunal having discarded the oral evidence adduced by the appellant (claimant) could not have based its finding merely on the basis of the fir and the charge sheet filed against the driver of the offending vehicle and also because the mechanical investigation report (exh.5) merely indicated that on the left side of the offending vehicle a scratch mark was noticed on the mudguard of the ..... however, the claim of respondent nos.2 & 3 to the extent that they possessed a cover note issued by the then development officer of the oriental insurance company (respondent no.1) will have to be accepted coupled with the fact that there is no positive evidence to indicate that the said cover note is ante ..... rendered by the tribunal essentially on two counts: first, that the tribunal having discarded the oral evidence about the involvement of jeep no.rst 4701 in the accident in question, allegedly driven by respondent no.2, could not and ought not to have recorded the finding on the relevant issue against respondent nos.2 & 3 merely by relying on the documents forming part of the police charge sheet. ..... that the respondent no.3 owner took insurance for the jeep and even paid premium for the same and hence, any objection taken by the respondent no.3 insurance company that such insurance was fraudulently obtained, is untenable. ..... the appellant would also be entitled to interest on the total amount of compensation at the rate of 9% per annum from the date of filing of the claim .....
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..... the principal issue that needs to be addressed in these appeals is about the denial of claim in reference to commission and interest amounts earned by the appellant during the 8 relevant period, as disclosed in the income tax return filed by the ..... recording that the appellant s taxable income was rs.77,480/ less tax paid of rs.4496/ , and while accepting that the accident had been caused by the rash driving of the bus driver, alam beg and that the appellant had in no way contributed to the causing of 7 the accident, only enhanced the rate of interest on the compensation awarded from 7% to 9% as it felt that the rate of interest awarded was on the lower side but it did not enhance ..... a priori, the appellant would succeed in getting additional amount of rs.2,85,966/ (rupees two lakh eighty five thousand nine hundred and sixty six only) as enhanced compensation towards loss of income and loss of future income , along with interest at the rate of 9% (nine percent) per annum thereon from the date of filing of the claim petition before the tribunal till the date of realization. ..... pw 6/d) and the value of the car providing third party insurance (ext.pw ..... indira srivastava and ors.1, which has been followed in oriental insurance company limited ..... united india insurance co. ..... is justified in relying upon the decisions of this court which have taken the view that loss of taxable earning should be reckoned for the purpose of determining just compensation as enunciated in national insurance co. .....
Tag this Judgment!Court : Supreme Court of India
..... the district forum by order dated 12.10.2006, allowed the complaint and directed the respondent herein (insurer) to pay as under we accept the present complaint and direct the ops to pay the 90% of the value of 11875.75 euro (goods exported by the petitioner vide lading no.ponldel2700866 dated 24.04.2002) together with interest at rate of 12% per annum from 24.7.2002 (because three ..... plaintiff the foreign currency sum adjudged by the court subject to the requisite permission of the concerned authorities under the foreign exchange regulation act, 1973, being granted, and in the event of the foreign exchange authorities not granting the requisite permission or the defendant not wanting to make payment in foreign currency even though such ..... pay to him the 16 foreign currency sum claimed in the plaint subject to the permission of the concerned authorities under the foreign exchange regulation act, 1973, being granted and that in the event of the foreign exchange authorities not granting the requisite permission or the defendant not wanting to make payment in foreign currency even though such ..... currency exchange in the following manner clause 17 rate of exchange: all payments under this policy shall be in indian rupee at the head office of the corporation and, for the purpose of payment of premiums and losses, the gross invoice value of the shipments invoiced in a foreign currency shall be converted into indian rupee at the bank buying rate of exchange at mumbai ..... .....
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