Partly allowed

The New India Assurance Co. Ltd. v. Smt. Usha Prakash Patole (Deceased) and Ors.

Bombay HC15 Jan 2024FA/666/2016

Case brief

AI extract

What is this about?

First appeal against a Motor Accident Claims Tribunal award, contesting only the conventional-head compensation. Applying Magma General Insurance norms of Rs.48,000 consortium and Rs.18,000 each for funeral expenses and loss of estate per claimant, the court found Rs.70,000 excess over three claimants and allowed the insurer to withdraw it.

What did the court decide?

Appellant permitted to withdraw excess Rs.70,000 with proportionate interest; claimants to withdraw balance; statutory amount transmitted to Tribunal.

The New India Assurance Co. Ltd. Vs Smt. Usha Prakash… — Motor Accident Claims | Bombay HC (2024)

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301-FA-666-2016.doc

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S.S.Kilaje

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 666 OF 2016

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The New India Assurance Co. Ltd.]
Centralised TP-Hub-4th Floor, 41-B Maker Tower,]
Cuffe Parade, Mumbai- 400 005]
Policy No. 112000/3109/01/00002475]
Period 21/08/2009 - 20/08/2010]Appellant
 Versus
1. Usha Prakash Patole ]
 Age 36 years widow of deceased]
2. Kiran Prakash Patole]
 Age : 23 years, Son of deceased]
3. Kanchan Prakash Patole]
 Age 20 years, daughter of deceased]
 All residing at Room No.11, S. N. R. Singh Chawl,]
 No.3, Azad Nagar, Behind Kamalesh Mills,]
 Andheri East, Mumbai – 400 093]
]
4. Kevin Anthony D’souza]
 R/o. 401, Harsh Apartment, Plot No.193]
 Sher E Punjab Society, Andheri East, ]
 Mumbai – 400 093 ]Respondents
]

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Ms. Poonam Mital, Advocate for the Appellant.
Mr. T. J. Mendon, Advocate for Respondent Nos. 1 to 3.

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 CORAM : SHIVKUMAR DIGE, J.
 DATE : 16th JANUARY, 2024.
JUDGMENT :

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1. The issue involved in this appeal is consortium amount is given on

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higher side.

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1/3

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301-FA-666-2016.doc

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S.S.Kilaje

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2. It is contention of learned counsel for the appellant/Insurance Company that the Tribunal has awarded consortium amount under the conventional head which is on higher side, hence requested to allow the appeal.

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3.It is the contention of learned counsel for the respondent Nos. 1 to
3/claimants that while awarding compensation, the Tribunal has
considered all the aspects and on that basis Judgment and Order is passed,
hence no interference is required in it.

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4.I have heard both the learned counsel. Perused the Judgment and
Order passed by the Motor Accident Claims Tribunal, Mumbai (for short
“the Tribunal”). While awarding compensation Tribunal has awarded
amount of Rs.2,50,000/- under the conventional head. In my view, it is
on higher side. As per view of Hon’ble Apex Court in the case of Magma
General Insurance Co. Ltd. vs. Nanu Ram1, each claimant is entitled for
Rs.48,000/- as consortium amount, Rs.18,000/- for funeral expenses and
Rs.18,000/- for loss of estate. There are three claimants. The total comes
to Rs.1,80,000/-. If this amount is deducted from Rs.2,50,000/- it comes
to Rs.70,000/-. This is excess amount. Appellant/Insurance Company is
entitled for this amount.

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5. In view of the above, I pass following order:

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1 2018 ACJ 2782 (SC)

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301-FA-666-2016.doc

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S.S.Kilaje

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O R D E R

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(i) The appeal is partly allowed.

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(ii) The appellant/Insurance Company is permitted
to withdraw Rs. 70,000/- along with
proportionate interest out of deposited amount.

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(iii) The claimants are permitted to withdraw balance

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amount along with proportionate interest.

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(iv) The statutory amount along with interest be
transmitted to the Tribunal. The parties are at
liberty to withdraw it as per Rule.

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6.The appeal is disposed of.

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 (SHIVKUMAR DIGE, J.)

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SONALI Digitally signedby SONALISATISH SATISHKILAJE KILAJEDate:2024.01.2011:28:45+0530

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The New India Assurance Co. Ltd. v. Smt. Usha Prakash Patole (Deceased) and Ors.

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Smt. Usha Prakash Patole (Deceased) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

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Coram

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