Allowed

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

Bombay HC16 Sept 2021FA/862/2018

Case brief

AI extract

What is this about?

In this first appeal regarding motor accident compensation, the High Court allowed the enhancement of future prospects from the Tribunal's award. The court held that since the claim for a 30% addition for the deceased's age was not disputed by the insurance company, the claim stood allowed.

What did the court decide?

Allowed the appeal and directed the appellant-Insurance Company to deposit 30% of future prospects with accrued interest within eight weeks.

Smt. Swati @ Archana Wd/O Dilip Katkar and Others Vs M/S Viswer… — Insurance | Bombay HC (2021)

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 41-A fa 862.18.odt

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1/2

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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FIRST APPEAL NO.862/2018

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Smt. Swati @ Archana Wd/o Dilip and others
VS.

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M/s Viswer Wariah Construction Co. Ltd and others

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Office Notes, OfficeCourt’s or Judge’s orders
Memoranda of Coram,
Appearances, court’s
orders or directions and
Registrar’s orders

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Shri Rohit Joshi, learned counsel for the appellants.
Shri M.B. Joshi, learned counsel for the respondent No.2

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CORAM :NITIN W. SAMBRE J. DATE : 16.09.2021

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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.

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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.

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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

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2/2

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 41-A fa 862.18.odt

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noticed on the catana of judgments.

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

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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.

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6. The appeal stands allowed in the above terms.

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 JUDGE

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manisha

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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