Reliance General Insurance Company Limited through Its Manager Legal Mr. Priyank Shah vs Smt. Dipti Nitin Sankpal and Ors.

¶1

25-FA-619-2024 -Judgment (C).doc

¶2

S.S.Kilaje

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

FIRST APPEAL NO. 619 OF 2024

¶6

Reliance General Insurance Company Limited … Appellant Through its Manager Legal Mr. Priyank Shah 4^th Floor, Chintamani Avenue, Off Western Express Highway, Goregaon-East, Mumbai Versus

¶7

1 Dipti Nitin Sankpal Aged about 33 years Widow of the deceased

¶8

2 Savita Shankar Sankpal Aged about 60 years Mother of the deceased

¶9

3 Srushti Nitin Sankpal Age about 8 years, Daughter of the deceased

¶10

4 Dhruv Nitin Sankpal Age about 3 years Son of the deceased

¶11

Sine the Applicant Nos. 3 and 4 are minor, Through their mother and next friend Smt. Dipti Nitin Sankpal All Residing at : Shivshakti Park 503-504, 5^th Floor, N.M.Joshi Marg, Mumbai – 400 011

¶12

5 Tanaji Mahadev Wanmane ... Respondents At Mahape, Post Ghansoli Navi Mumbai – 400 707

¶13

Mr. Rahul Mehta i/b. KMC Legal Venture, Advocate for the Appellant. Mr. S.R.Gupta, Advocate for Respondent Nos. 1 to 4.

¶14

1/4

¶15

25-FA-619-2024 -Judgment (C).doc

¶16

S.S.Kilaje

¶17

CORAM : SHIVKUMAR DIGE, J. DATED : 23^rd JULY, 2025.

¶18

ORAL JUDGMENT :

¶19

This appeal is preferred by the Appellant / Insurance Company against the Judgment and Order passed by the Motor Accident Claims Tribunal, Mumbai (for short “the Tribunal”).

¶20

It is contention of learned counsel for the appellant / Insurance Company that the Tribunal has awarded 50% future prospects. At the time of accident, the deceased was in service and he was 40 years old. Future prospects should be 30% and consortium amount is awarded on higher side, hence requested to allow the appeal.

¶21

It is contention of learned counsel for the respondent Nos. 1 to 4/claimants that the Tribunal has passed well reasoned order. No interference is required in it and requested to dismiss the appeal.

¶22

I have heard both the learned counsel. Perused Judgment and order passed by the Tribunal. At the time of accident, the deceased was 40 years old and he was in service. The Tribunal has awarded 50% 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 entitled for 30% future prospects as the deceased was not a permanent employee.

¶23

The Tribunal has awarded consortium on higher side. As per the view of the Hon'ble Apex Court in the case of Magma General Insurance

¶24

2/4

¶25

25-FA-619-2024 -Judgment (C).doc

¶26

S.S.Kilaje

¶27

Co. Ltd. vs. Nanu Ram, 2018 ACJ 2782 (SC) , each claimant is entitled to Rs.48,000/- as consortium amount, Rs.18,000/- as a funeral expenses,

¶28

Rs.18,000/- for loss of estate.

¶29

Considering the above calculation, the claimants are entitled for following compensation:

¶30

Particulars	Rs.	Amount
Income	Rs.	35,500/-
30% Future Prospects	Rs.	46,150/-
Total Rs. 46,150 X ¼ Deduction X 15 (multiplier) X 12	Rs.	62,30,250/-
Consortium (48,000 X 4)	Rs.	1,92,000/-
Loss of Estate	Rs.	18,000/-
Funeral Expenses	Rs.	18,000/-
Total	Rs.	64,58,250/-
Compensation awarded byTribunal	Rs.	74,38,750/-
Refunded to Insurer	Rs.	9,80,500/-

¶31

The Tribunal has awarded Rs.74,38,700/- as compensation, if this amount deducts from the compensation amount considered by this Court, it comes to Rs.9,80,500/-. This is excess amount.

¶32