SUPE DEI Vs. NATIONAL INSURANCE COMPANY LIMITED
LAWS(SC)-2002-4-101
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
April 16,2002
SUPE DEI
Appellant
VERSUS
NATIONAL INSURANCE CO. LTD
Respondents
Cited Judgements :-
UNITED INDIA INSURANCE CO.LTD. VS. RAJENDRA PRATAP SINGH [LAWS(ALL)-2014-5-202] [REFERRED TO]SH NARINDER BISHAL VS. SH RAMBIR SINGH [LAWS(DLH)-2008-2-180] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. KAILASH DEVI [LAWS(DLH)-2007-12-144] [REFERRED TO]
UNITED INDIAN INSURANCE COMPANY LIMITED VS. UJWALA SALGONKAR [LAWS(BOM)-2020-1-289] [REFERRED TO]
KAILASH NAGAR VS. KARAN SINGH [LAWS(DLH)-2016-2-335] [REFERRED TO]
JESSY AND ORS. VS. A.V. KORATH AND ORS. [LAWS(KER)-2015-4-130] [REFERRED TO]
CHANDRIKA P. AND ORS. VS. GEORGE MATHEW AND ORS. [LAWS(KER)-2015-2-197] [REFERRED TO]
LEELAMMA AND ORS. VS. M. ELANKO AND ORS. [LAWS(KER)-2015-3-268] [REFERRED TO]
PARITHA BEEVI VS. MANAGING DIRECTOR [LAWS(KER)-2014-12-40] [REFERRED TO]
ITHIKUTTY VS. K. ANVAR [LAWS(KER)-2014-12-89] [REFERRED TO]
M G R TRANSPORT CORPORATION LTD VS. K SENTHAMIZH SELVI [LAWS(MAD)-2006-6-115] [REFERRED TO]
ANANDHA LAKSHMI; PRASANNA VS. TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM DIVISION-I) LTD [LAWS(MAD)-2016-9-123] [REFERRED]
ORIENTAL INSURANCE COMPANY LTD. VS. SUMAN [LAWS(P&H)-2022-10-10] [REFERRED TO]
JAI PAL SINGH AND OTHERS VS. ASHLAM AND OTHERS [LAWS(P&H)-2019-1-57] [REFERRED TO]
P S SOMANATHAN VS. DISTRICT INSURANCE OFFICER [LAWS(SC)-2011-2-25] [REFERRED TO]
M KATHYAYANI VS. V MAHENDRAN [LAWS(MAD)-2007-7-1] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD. VS. MUTHU KARUPPAN [LAWS(MAD)-2009-7-785] [REFERRED TO]
JOSEPH VS. GIJI VARGHESE [LAWS(KER)-2009-9-7] [REFERRED TO]
MANDABAI WD O PRABHAKAR PUDAKE VS. DALJITRAI S O DINANATH CHHABRA [LAWS(BOM)-2003-12-97] [REFERRED TO]
SMT. SHANTI DEVI AND OTHERS VS. SHRI ASRAR AHMAD & ANOTHER [LAWS(ALL)-2017-10-208] [REFERRED TO]
P V SUBBA RAO VS. SUNKARI VARAHAIAMMA [LAWS(APH)-2005-6-10] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. TAKHUBEN RAGHABHAI [LAWS(GJH)-2006-11-90] [REFERRED TO]
RAVINDER KUMAR VS. VED PARKASH [LAWS(P&H)-2019-7-239] [REFERRED TO]
JASPREET KAUR AND OTHERS VS. JAGTAR SINGH AND OTHERS [LAWS(P&H)-2019-3-64] [REFERRED TO]
VANDANA BANSAL VS. KRISHAN GOPAL [LAWS(RAJ)-2009-3-30] [REFERRED TO]
NATIOANL INSURANCE CO LTD VS. RANJANA BHATNAGAR [LAWS(MPH)-2008-11-37] [REFERRED TO]
ANILKUMAR VS. KUNJAPPAN AND ORS. [LAWS(KER)-2015-1-72] [REFERRED TO]
S. VIJAYALAKSHMI VS. K.C. ISMAILUTTY AND ORS. [LAWS(KER)-2015-1-282] [REFERRED TO]
V. ARUN VS. JOBY K. JOHN [LAWS(KER)-2014-10-224] [REFERRED TO]
WILSON JACOB VS. SHEKHARAN [LAWS(KER)-2014-11-154] [REFERRED TO]
K. SUSEENDRAN NAIR VS. A. MOIDEEN KUNJU [LAWS(KER)-2014-12-38] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. AND ORS. VS. DHARAM PRAKASH AND ORS. [LAWS(DLH)-2016-2-213] [REFERRED TO]
KUSHAL LAHAN VS. MAYUR PANKHI CHETIA PHUKAN [LAWS(GAU)-2009-11-37] [REFERRED TO]
VISHVANATH KASHYAP S/O SHRI MANAKU RAM VS. KHEMESHWAR NAG S/O LATE SHRI SOMNATH [LAWS(CHH)-2017-1-91] [REFERRED TO]
A VIJAYA VS. VEGURLA RAJAIAH [LAWS(APH)-2005-4-75] [REFERRED TO]
RAM NARESH VS. SUBE SINGH [LAWS(P&H)-2022-9-230] [REFERRED TO]
SAMEEM VS. HARJINDER SINGH [LAWS(P&H)-2019-5-308] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [LAWS(SC)-2017-10-44] [REFERRED TO]
NARAYANI VS. C.L. JOSE [LAWS(KER)-2014-11-41] [REFERRED TO]
C.M. KUNJALI AND ORS. VS. C.P. MANJUNAD AND ORS. [LAWS(KER)-2015-1-61] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE CO LTD VS. MAYA RANI DAS AND ORS [LAWS(GAU)-2018-2-48] [REFERRED TO]
KUNTALA SETHI AND ORS. VS. NEW INDIA ASSURANCE CO. LTD. AND ANR. [LAWS(ORI)-2008-5-50] [REFERRED TO]
JAYAPRASAD VS. REJIMON PHILIP [LAWS(KER)-2007-8-5] [REFERRED TO]
NAGARAPU BALAIAH VS. K VENUGOPAL [LAWS(APH)-2005-12-40] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. P RAJU [LAWS(APH)-2010-2-8] [REFERRED TO]
VINAY KUMAR AGARWAL VS. UNITED INDIA INSURANCE CO LTD [LAWS(ALL)-2009-5-19] [REFERRED TO]
BATASHO DEVI VS. REKHA & ORS [LAWS(DLH)-2016-2-348] [REFERRED TO]
HANS PAL SINGH AND OTHERS VS. TARSEM SINGH AND OTHERS [LAWS(P&H)-2019-8-118] [REFERRED TO]
SEETHAMANI AMMA AND ORS. VS. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD. [LAWS(KER)-2015-2-193] [REFERRED TO]
MUHAMMED UNNI VS. SIDHIQUE AND ORS. [LAWS(KER)-2015-1-269] [REFERRED TO]
SKARIA VS. SAJU GEORGE AND ORS. [LAWS(KER)-2015-2-196] [REFERRED TO]
AYISHA VS. P. ABDUL AZIZ AND ORS. [LAWS(KER)-2015-1-204] [REFERRED TO]
ACHITHRAN P.P. VS. K.K. SREEDHARAN [LAWS(KER)-2014-11-149] [REFERRED TO]
BICHUKOYA K. VS. JOSHI AND ORS. [LAWS(KER)-2015-3-271] [REFERRED TO]
HUSSAIN KOYA VS. MOYINKUTTY POCKER AND ORS. [LAWS(KER)-2015-3-310] [REFERRED TO]
V. RAJAN VS. RATHEESH AND ORS. [LAWS(KER)-2015-3-312] [REFERRED TO]
PHOOL SINGH VS. VIRENDER SINGH AND OTHERS [LAWS(P&H)-2019-3-115] [REFERRED TO]
MOHAN SINGH VS. KASHI BAI [LAWS(SC)-2009-1-39] [REFERRED TO]
UNION OF INDIA VS. JAISHREE [LAWS(RAJ)-2005-9-3] [REFERRED TO]
ASHA MADHUKAR POKHARKAR VS. KHANDU BALU NIKAM [LAWS(BOM)-2021-12-34] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. JOSNABEN @ JASHUBEN VALLABHBHAI [LAWS(GJH)-2008-3-224] [REFERRED TO]
BIMLA DEVI VS. SANJEEV OBEROI [LAWS(DLH)-2007-11-151] [REFERRED TO]
THE NEW INDIA ASSURANCE COMPANY LIMITED VS. RAJNI HARSHWARDHAN SHARMA AND ORS. [LAWS(BOM)-2015-8-308] [REFERRED TO]
RUPESH RASHMIKANT SHAH VS. ELEGANT INDUSTRIES PVT. LTD. [LAWS(BOM)-2014-11-70] [REFERRED TO]
MARIAMMAL VS. ANGAIYARKANNI [LAWS(MAD)-2007-7-31] [REFERRED TO]
BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED VS. VALLIAMMAL [LAWS(MAD)-2009-7-786] [REFERRED TO]
K SESHALATHA VS. M V NAGESWARA RAO [LAWS(APH)-2006-10-8] [REFERRED TO]
VIJAY KUMAR AND ANOTHER VS. RELIANCE GENERAL INSURANCE CO LTD AND OTHERS [LAWS(P&H)-2019-2-45] [REFERRED TO]
RESHMA KUMARI VS. MADAN MOHAN [LAWS(SC)-2013-4-87] [REFERRED TO]
KUNHIMON VS. BHASKARAN P [LAWS(KER)-2011-6-183] [REFERRED TO]
THOMAS VS. BINOY JOHN AND ORS. [LAWS(KER)-2015-1-215] [REFERRED TO]
SUBRAMANIAN VS. USHAKUMARI N. [LAWS(KER)-2015-1-12] [REFERRED TO]
RADHAMONY AMMA AND ORS. VS. THE MANAGING DIRECTOR, KSRTC AND ORS. [LAWS(KER)-2015-2-198] [REFERRED TO]
BLESSON ANTONY VS. THE MANAGER, BRAHMANDODAYAM HIGH SCHOOL AND ORS. [LAWS(KER)-2015-3-200] [REFERRED TO]
SAUDHA AND ORS. VS. V.J. GARMESS AND ORS. [LAWS(KER)-2015-4-94] [REFERRED TO]
CHAMPABEN VS. ANOPSINH SOMANHAI BARIA [LAWS(GJH)-2007-3-53] [REFERRED TO]
P YESHODAMMA VS. T BUCHI REDDY [LAWS(APH)-2004-1-94] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD. VS. SANGEETA DEVI AND ORS. [LAWS(DLH)-2016-2-183] [REFERRED TO]
SIMARJEET KAUR AND OTHERS VS. KHUSHI RAM AND OTHERS [LAWS(P&H)-2019-3-94] [REFERRED TO]
PUTTAMMA VS. K.L.NARAYANA REDDY [LAWS(SC)-2013-12-56] [REFERRED TO]
SANT SINGH VS. SUKHDEV SINGH [LAWS(SC)-2011-3-26] [REFERRED TO]
L K KOUSALYADEVI VS. COMMISSIONER MUNICIPAL CORPORATION OF HYDRABAD [LAWS(APH)-2005-12-71] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. OJILI GOPAL REDDY [LAWS(APH)-2005-4-47] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. NALLA BOI SUSHEELA [LAWS(APH)-2006-8-70] [REFERRED TO]
THE NEW INDIA ASSURANCE COMPANY LIMITED VS. RAJNI HARSHWARDHAN SHARMA AND ORS. [LAWS(BOM)-2015-11-23] [REFERRED TO]
RELIANCE GENERAL INSURANCE COMPANY LIMITED VS. SYEDA ALEEMUNBEE [LAWS(BOM)-2014-3-66] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. NEHUMBEMO PATTON [LAWS(GAU)-2011-7-10] [REFERRED TO]
MALLIKA DATTA VS. RAKHI PAUL [LAWS(GAU)-2009-9-57] [REFERRED TO]
BEBIBAI W/O. VINAYAKRAO LAKHAKWAR VS. SUJIT [LAWS(BOM)-2013-7-17] [REFERRED TO]
NABEESA VS. PRADEEPKUMAR [LAWS(KER)-2008-7-110] [REFERRED TO]
S K DASTAGIR VS. KAGAZNAGAR MUNICIPALITY, REP BY ITS CHAIR PERSON [LAWS(APH)-2006-10-116] [REFERRED]
K MATURA BAI VS. A SHIVA NAGESWAR RAO [LAWS(APH)-2004-3-110] [REFERRED TO]
HARBHAJAN SINGH VS. SHILPI JAIN [LAWS(P&H)-2019-8-161] [REFERRED TO]
RAM DULARI SINHA VS. SANJAY KUMAR [LAWS(PAT)-2009-8-18] [REFERRED TO]
MANAGING DIRECTOR VS. K SENTHAMIZH SELVI [LAWS(MAD)-2006-6-119] [REFERRED TO]
V.C. BABU VS. SIBI AND ORS. [LAWS(KER)-2015-2-192] [REFERRED TO]
MOHAMMED FAIZAL VS. P.M. SHIHABUDEEN AND ORS. [LAWS(KER)-2015-3-314] [REFERRED TO]
JAIMOL VS. ANOOP P.A. [LAWS(KER)-2014-10-32] [REFERRED TO]
RADHAMANI VS. THE MANAGING DIRECTOR, K.S.R.T.C. [LAWS(KER)-2014-10-88] [REFERRED TO]
A.K. YOOSUF VS. C.S. LIMBASH [LAWS(KER)-2015-1-35] [REFERRED TO]
OCHI BAI VS. MUNNA LAL [LAWS(MPH)-2003-4-20] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)The claimants in this case have filed this appeal for compensation under the Motor vehicles Act, 1988 (hereinafter referred to as 'the Act') assailing the judgments of the high Court of Karnataka in M. F. A. no. 4537 of 1999 (MVC) alongwith cross appeal no. 26/2000 (MVC) in which the compensation awarded by the motor accident claims tribunal has been reduced from Rs. 5,42,000. 00 to Rs. 3,15,000. 00.
(3.)Dhanurjaya Suna, the victim of the accident was aged about 32 years on the date of the accident i. e. 11/8/1997. He was a gas cutter in M/s. Jindal Vijayanagar Steel at Sandur Taluka, in Bellary district of the state of Karnataka. He was drawing a salary of Rs. 2015. 00 per month and including the overtime allowance his monthly income was about Rs. 4,000. 00. The tribunal, for the purpose of determination of compensation had taken the monthly income of the deceased as Rs. 4,000. 00, had applied the multiplier 15 and awarded a sum of Rs. 5,42,000. 00 as compensation. The High court on appeal by the owner and insurer of the vehicle, excluded the overtime allowance from the monthly income and determined net income of the deceased at Rs. 1,515. 00 per month and maintained the multiplier 15 as fixed by the tribunal. The total compensation amount payable to the claimants was determined as Rs. 3,15,000. 00. Both the tribunal and the High Court awarded 6% interest per annum on the compensation from the date of making the claim till the date of realization.
(2.)The claimants in this case have filed this appeal for compensation under the Motor vehicles Act, 1988 (hereinafter referred to as 'the Act') assailing the judgments of the high Court of Karnataka in M. F. A. no. 4537 of 1999 (MVC) alongwith cross appeal no. 26/2000 (MVC) in which the compensation awarded by the motor accident claims tribunal has been reduced from Rs. 5,42,000. 00 to Rs. 3,15,000. 00.
(3.)Dhanurjaya Suna, the victim of the accident was aged about 32 years on the date of the accident i. e. 11/8/1997. He was a gas cutter in M/s. Jindal Vijayanagar Steel at Sandur Taluka, in Bellary district of the state of Karnataka. He was drawing a salary of Rs. 2015. 00 per month and including the overtime allowance his monthly income was about Rs. 4,000. 00. The tribunal, for the purpose of determination of compensation had taken the monthly income of the deceased as Rs. 4,000. 00, had applied the multiplier 15 and awarded a sum of Rs. 5,42,000. 00 as compensation. The High court on appeal by the owner and insurer of the vehicle, excluded the overtime allowance from the monthly income and determined net income of the deceased at Rs. 1,515. 00 per month and maintained the multiplier 15 as fixed by the tribunal. The total compensation amount payable to the claimants was determined as Rs. 3,15,000. 00. Both the tribunal and the High Court awarded 6% interest per annum on the compensation from the date of making the claim till the date of realization.
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