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Bombay High CourtCAF/1243/2018ca disposed off

National Insurance Co. Ltd., Through Its Regional Manager, Nagpur v. Smt. Jasmeet Kaur @ Sapna Wd/O Ranjot Singh Rajkhokhar And Others

2018-04-16Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa446.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.446 OF 2018 (NATIONAL INSURANCE CO. LTD....VS.. SMT. JASMEET KAUR @ SAPNA RANJOT SINGH RAJKHOKHAR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C. Anthony, Advocate for Appellant.

CORAM : Z.A.HAQ, J.

DATED : APRIL 16, 2018.

Heard.

Relying on paragraph No.54 of the judgment delivered in the case of National Insurance Company Limited V. Pranay Sethi and Ors., reported in 2017(13) SCALE 12, it is submitted that the award passed by the Tribunal granting exorbitant amount of Rs.25,000/- for funeral expenses, Rs.1,00,000/- towards loss of love and affection and Rs.1,00,000/- towards loss of consortium is unsustainable. Issue notice for final disposal to the respondents, returnable on 16th July, 2018.

Call R & P.

CIVIL APPLN.NO. 1243 OF 2018 There shall be interim order in terms of prayer clause(i) of the civil application, until further orders,

2 fa446.18 however, on condition that the appellant deposits amount as per the impugned award with the Registry of this Court till 29th June, 2018.

If the amount is not deposited within stipulated time, this interim order shall cease to operate from 30th June, 2018 and the claimants will be at liberty to proceed with the execution.

The civil application is disposed accordingly. No costs.

JUDGE RRaut..