Reliance General Insurance Co. Ltd., Rep. Thr. Its Legal Manager, Vivek Karne., v. Annapurna P. Chopdekar And 2 ORS.,

Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.1089 OF 2019 WITH STAMP NUMBER MAIN NO.4175 OF 2016 AND STAMP NUMBER APPLICATION NO.4177 OF 2016 RELIANCE GENERAL INSURANCE CO. LTD., REP. THR. ITS LEGAL MANAGER, VIVEK KARNE ...APPLICANT/ APPELLANT

Versus

ANNAPURNA P. CHOPDEKAR & ORS.

...RESPONDENTS Mr. James Lopes, Advocate for the Appellant.

Mr. Deepak Gaonkar, Advocate for Respondents.

CORAM:

M. S. SONAK, J.

DATED:

17th MARCH 2022 ORAL ORDER :

1.

Heard Mr. James Lopes, learned Counsel for the appellant/applicant and Mr. Deepak Gaonkar, learned Counsel for respondent nos.1 & 2 (claimants).

2.

By consent, the delay in institution of this appeal is condoned.

3.

Further, again by consent, the compensation amount of 26,30,000/- awarded by the Tribunal vide impugned award dated ₹ 02.08.2016 in Claim Petition No.35/2014 is now reduced to 24,10,000/-.

₹ 4.

The learned Counsel for the parties point out that this reduction is upon applying the law laid down by the Hon'ble Supreme Court in the case of National Insurance Company V/s. Pranay Sethi1.

5.

This application and appeal is disposed of by consent without going into the issues of maintainability, etc. 6.

The impugned award is modified to the aforesaid extent by consent.

7.

Mr. Lopes, learned Counsel for the appellant/Insurance Company, states that the aforesaid amount of 24,10,000/- together ₹ with interest at the rate of 9% per annum will be deposited in this Court within two months from today. This statement is accepted. Upon deposit, the claimants will be entitled to withdraw the same. 8.

The claimants can also withdraw the amount of 25,000/- that ₹ is already deposited by the appellant as precondition for the institution of this appeal. This amount can be adjusted by the Insurance 1 (2017) 16 SSC 680

Company when making the deposit in terms of this order that is made with the consent of the learned Counsel for the parties. The claimants will have to submit proper identification and bank details so that the Registry can directly transfer the amounts into their bank accounts. 9.

Civil Application, if any, will not survive the disposal of this appeal. It is disposed of.

M. S. SONAK, J.

NITI K HALDANKAR HALDANKAR Date: 2022.03.21 10:07:55 +05'30'