The New Inda Assurance Co. Ltd. Thr.Tp-Hub 41-B, v. Shri. Kamlaprasad Jagdish Singh And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1365 OF 2019 The New India Assurance Co. Ltd Chembur D.O. No.141700, Carishma Centre, 2nd Floor, 19th Road, Chembur, Mumbai-400 009 Thr. TP-Hub-41-B, 4th Floor, Make Tower E, Cufee Parade, Mumbai-400 005.

} } } } } } } ...Appellant NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.04.05 11:10:14 +0530

Versus

1. Shri.Kamlaprasad Jagdish Singh

2. Mrs.Anita Kamlaprasad Singh Both R/at Building No.R/13, 12C, New Navy Nagar, Colaba, Mumbai400 005.

} } } } }

3. Mrs.Madhuri R. Mishra 10, Loha Bhavan, P.D. Mello Road, Mumbai-400 009.

} } }

...Respondents

---- Ms.Poonam Mital, for the Appellant.

Mr.T.J. Mendon, for Respondent Nos.1 & 2.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 29 MARCH 2023 JUDGMENT :- .

The issue involved in this Appeal is excessive and exorbitant compensation awarded by the Tribunal. N.S. Kamble page 1 of 3

2.

It is contention of the learned counsel for the Appellant-Insurance Company that the Tribunal has awarded Rs.1 Lakh for loss of estate and Rs.1 Lakh for love and affection. There are two Claimants. They are entitled Rs.40,000/- each as consortium amount, Rs.15,000/- for loss of estate and Rs.15,000/- for funeral expenses. Hence, requested to allow the Appeal. 3.

The learned counsel for the Respondent-Claimants submits that after considering all the aspects the Tribunal has awarded compensation, which is proper. Hence, no interference is required in it.

4.

I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal, Mumbai (for short 'the Tribunal').

5.

The Tribunal has awarded Rs.10,000/- for funeral expenses, Rs.1 lakh for loss of estate and Rs.1 lakh for loss of love and affection. Total comes to Rs.2,10,000/-. As per the view of Hon'ble Apex Court in case of Magma General Insurance Co. Ltd. vs. Nanu Ram1, each Claimant is entitled for Rs.40,000/- as consortium amount, Rs.15,000/- for loss of estate and Rs.15,000/- for funeral expenses. There are two Claimants, they are entitled Rs.80,000/- as consortium amount. Total of it comes to 1 2018 ACJ 2782 (SC) N.S. Kamble page 2 of 3

Rs.1,10,000/-, where as Tribunal has awarded Rs.2,10,000/-, so excess amount is of Rs.1 lakh. The Appellants are entitled for this amount.

6.

In view of above I pass following order.

ORDER

(i) Appeal is partly allowed.

(ii) The Appellants are permitted to withdraw Rs.1 lakh along with accrued interest thereon out of deposited amount.

(iii) The statutory amount be transmitted to the Tribunal along with accrued interest thereon. Parties are at liberty to withdraw it as per Rule.

(iv) The Claimants are permitted to withdraw the remaining deposited amount along with accrued interest thereon.

(v) All pending Civil Applications, if any, are disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3