Reliance General Insurance Co.Ltd., Mumbai v. Ruby Dinkar Rao and Anr.
Case brief
What is this about?
Motor accident fatality first appeal, Bombay HC, insurer vs claimants; loss of dependency recomputation; monthly income of deceased Consultant reduced Rs.35,000 to Rs.32,000; salary certificate vs consultation vouchers (Thakurdas Textiles Pvt. Ltd.; PW-2 Rajkumar Jhamtani; Exhibit-29); 40% future prospects; half deducted as personal expenses; multiplier 15; conventional heads with 10% increase (consortium Rs.48,000; loss of estate Rs.18,000; funeral expenses Rs.18,000); just compensation Rs.41,16,000 vs awarded Rs.44,94,000; excess Rs.3,78,000 refund/withdrawal to Insurance Company with proportionate interest; statutory deposit transfer to Tribunal; contributory negligence contention noted, not expressly decided; MACT Mumbai; accident dated 09-03-2019, trailer MH-04FJ-5421.
What did the court decide?
Appeal allowed: Insurance Company permitted to withdraw Rs.3,78,000/- (excess of awarded amount over recomputed just compensation) with proportionate interest from the deposited amount; Claimants permitted to withdraw the balance with proportionate interest; statutory amount with interest to be transferred to the Tribunal; Record and Proceedings returned to the Tribunal; pending civil and interim applications disposed of.