Smt. Swati @ Archana Wd/O Dilip Katkar And Others v. M/S Viswer Wariah Construction Co. Ltd., Prop. Nambure Vyankati Ramrao, Chandrapur And Others

1/2 41-A fa 862.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.862/2018 Smt. Swati @ Archana Wd/o Dilip and others VS.

M/s Viswer Wariah Construction Co. Ltd and others Office Notes, Office Memoranda of Coram, Appearances, court'

s orders or directions and Registrar'

s orders Court's or Judge's orders Shri Rohit Joshi, learned counsel for the appellants. Shri M.B. Joshi, learned counsel for the respondent No.2 CORAM :NITIN W. SAMBRE J.

DATE : 16.09.2021 This appeal is by the claimants seeking enhancement as according to the claimants the Tribunal has erred in not granting future prospects at the rate of 30% as deceased was 47 years old at the time of accident. 2.

The aforesaid contentions are based on the statutory provisions and as such counsel for the respondent No.2-Insurance Company has not disputed the said claim.

3.

The claim of 30% of the future prospect and entitlement of claimant for the same is not disputed by the counsel for the appellant- Insurance Company as same is based on the settled principle of law as could be

2/2 41-A fa 862.18.odt noticed on the catana of judgments.

4.

Hence, the claim to the extent of addition of future prospect to the extent of 30% stands allowed. 5.

It is directed that claimants will be entitled for 30% of the future prospect as the deceased was aged about 47 years. The amount of future prospect is directed to be deposited by the appellant-Insurance Company in this Court within a period of eight weeks from today with accrued interest thereon.

6.

The appeal stands allowed in the above terms. JUDGE manisha