Dismissed

The New India Assurance Company Limited through Mumbai Legal Hub v. Smt. Shambhavi Shaunak Kanhav and Anr.

Bombay HC22 Feb 2024FA/467/2023

Case brief

AI extract

What is this about?

This first appeal by an insurance company challenged compensation awarded at a higher rate under non-pecuniary heads. The Bench held that since the claimant intended to approach the High Court for future prospects which would exceed the current award, the appeal stands dismissed.

What did the court decide?

The appeal is dismissed. The claimant is permitted to withdraw deposited amount with interest. The statutory amount is transmitted to the Tribunal.

The New India Assurance Company Limited through Mumbai… — Company and Corporate | Bombay HC (2024)

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294-FA-467-2023.doc

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Shantanu Dhudum

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE SIDE JURISDICTION

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FIRST APPEAL NO. 467 OF 2023

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Digitally signed by SHANTANU SHANTANU SHANKARSA SHANKARSA DHUDUM DHUDUM Date: 2024.03.01 09:29:13 +0530

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The New India Assurance Co. Ltd.)
Having Office at: New India Assurance)
Building, 87, M. G. Road, Fort,)
Mumbai-400 001, Mumbai through Mumbai)
Legal hub, 41-B, 4th floor, Maker Tower-E,)
Near World Trade Centre, Cuffee Parade,)
Mumbai- 400 005)….Appellant
 (Org. opp. No.2)
 Versus
1. Shambhavi Shaunak Kanhav)
 Aged about 28 years, Residing at: 307,)
 Building No.1, B. Wing, 3rd Floor,)
 Narendra Camp, Vaishali Nagar,)
 Dahisar-E, Mumbai)
2. Ashok Milapchand Jain,)
 B-26, Adinath Society,)
 Pune-411037.)….Respondents
 (Res. No.1 is the Org. Applicant
 /Claimant and Res. No.2 is the
 original opponent no.1)

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294-FA-467-2023.doc

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Shantanu Dhudum

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Mr. Sandeep Sharad Jinsiwale, Advocate for the Appellant.
Mr. T. J. Mendon, Advocate for the Respondent No.1.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 22nd FEBRUARY, 2024.

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Oral Judgment . :

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1.The issue involved in this appeal is compensation awarded
on higher side under non pecuniary heads.

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2.It is contention of learned counsel for the

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Appellant/Insurance Company that the Tribunal has awarded
Rs.3,25,000/- under non pecuniary heads i.e. for love and affection

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and funeral expenses and loss of consortium, which is on higher side.
Hence, requested to allow the appeal.

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3.It is contention of learned counsel for the

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Respondent/Claimant that while awarding compensation the tribunal
has not awarded future prospectus. The yearly income of the claimant
is considered at Rs.5,53,333/-, if this amount considered, it would
come more than compensation awarded under non pecuniary heads.
Hence, requested to dismiss the appeal.

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4. I have heard both learned counsel. Perused judgment and

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294-FA-467-2023.doc

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Shantanu Dhudum

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order passed by the Motor Accident Claims Tribunal, Mumbai (for
short “the Tribunal”).

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 5. While awarding compensation, the tribunal has awarded
Rs.3,25,000/- under non pecuniary heads i.e. for consortium amount
for love and affection and funeral expenses. As per the view of
Hon’ble Apex Court in the case of Magma General Insurance Co. Ltd.
vs. Nanu Ram, 2018 ACJ 2782 (SC), each claimant is entitled for
Rs.48,000/- for consortium amount and Rs.18,000/- for loss of estate
and Rs.18,000 for funeral expenses. It appears from record, while
awarding compensation the tribunal has not awarded future
prospects. As per the view of Hon’ble Apex Court in the case of
National Insurance Co. Ltd. vs. Pranay Sethi, 2017 ACJ 2700 (SC), the
claimants are entitle for future prospect, if future prospects amount is
considered, it would go more than consortium amount considered on
higher side. Learned counsel for the Claimant submitted that the
claimant would prefer appeal for future prospects, if this amount is
adjusted in amount considered on higher side, his statement is
accepted.

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7. In view of above, I pass following order.

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ORDER

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294-FA-467-2023.doc

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Shantanu Dhudum

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i. Appeal is dismissed.

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ii. The claimant is permitted to withdraw the deposited amount along with accrued interest thereon.

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iii. The statutory amount be transmitted to the tribunal
along with accrued interest thereon. The parties are at
liberty to withdraw it, as per Rule.

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8. All pending applications, if any, stand disposed of.

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(SHIVKUMAR DIGE, J.)

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The New India Assurance Company Limited through Mumbai Legal Hub v. Smt. Shambhavi Shaunak Kanhav and Anr.

Case brief

What is this about?

What did the court decide?

The New India Assurance Company Limited through Mumbai Legal Hub v. Smt. Shambhavi Shaunak Kanhav and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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