The Oriental Insurance Co.Ltd. Thr. Its Legal Hub Tp-Hub v. Smt. Nasreen Sajid Khan And ORS.

506-IA-8504-2024 IN FA-322-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.8504 OF 2024 IN FIRST APPEAL NO.322 OF 2024 The Oriental Insurance Co. Ltd., Thr. Its Legal HUB TP-HUB .... Applicant V/s.

Smt.Nasreen Sajid Khan & Ors, .... Respondents by NILAM SANTOSH KAMBLE Date: 2024.05.08 17:59:49 +0530 NILAM SANTOSH KAMBLE ---- Ms.Poonam Mital, for the Applicant.

Mr.T.R. Kale i/b Mr.S.G. Thorat, for Respondent Nos.1 to 3. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 3rd MAY 2024 P.C:- .

Not on board. Taken on board.

By this Application, the Applicant seeking modification of the order.

3.

The learned counsel for the Applicant submit that, the Tribunal has given Rs.40,000/- as consortium amount to the one Claimant only. Two Claimants are remained to be get the consortium amount of Rs.96,000/-.

N.S. Kamble page 1 of 2

506-IA-8504-2024 IN FA-322-2024.doc 4.

The learned counsel for the Respondent submit that appropriate order be passed.

5.

Considering the submissions of both learned counsel, the remaining two Claimant's are entitled for Rs.96,000/- i.e. Rs.48,000/- each. Hence, following corrections be made accordingly.

"7.

The learned counsel for the Respondents/Claimants submit that consortium amount was given only to widow and not to other Claimants. As per view of Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd. V/s. Nanu Ram, 2018 ACJ 2782 (SC), each claimant is entitled for Rs.48,000/- as consortium amount and Rs.18,000/- for funeral expenses and Rs.18,000/- for loss of estate. There are two Claimant's are remaining to get the amount of consortium = 48,000 x 2 = 96,000 . The Claimant's are entitled for this amount."

6.

Interim Application is disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2