DAYAWANTI DEVI . vs NATIONAL INSURANCE CO. LTD. . — C.A. No. 9013/2003
Case under Section XVI. Status: Disposed.
CNR: SCIN010015022003
Filing Date
21-Jan-2003
Registration No
C.A. No. 9013/2003
Diary Number
1502/2003
Order Date
05-May-2010
Document Type
ROP - of Main Case
Disposal Type
Allowed
Last updated 14-Jun-2026
Acts & Sections
Petitioner(s)
-
1.DAYAWANTI DEVI .
Adv. PRASHANT KUMAR
Respondent(s)
-
1.NATIONAL INSURANCE CO. LTD. .
Adv. PRAMOD DAYAL
Case History
Case Summary: Dayawanti Devi v. National Insurance Co. Ltd. Outcome: The Supreme Court allowed the appeal, setting aside the Patna High Court's judgment and restoring the Motor Accident Claims Tribunal's award of Rs. 2,40,000 compensation (instead of the High Court's reduced amount of Rs. 1,70,560). Key Issue: The Court held the High Court erred in disallowing Dearness Allowance in calculating the deceased Assistant Teacher's income. The Court ruled that in Government service, Dearness Allowance is automatically attached to prescribed pay scales and requires no separate evidence. Directions: Insurance Company must pay the awarded compensation within four weeks; failure to do so attracts 9% interest from the date of demand until payment. This case analysis is maintained by casestatus.in based on publicly available court records.
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