The New India Assurance Co Ltd vs Chhya Mohan Jrange And Ors
2021 Latest Caselaw 16994 Bom

                                                     First Appeal No.2463/2009
                                      :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD



                       FIRST APPEAL NO.2463 OF 2009



 The New India Assurance Company Ltd. ... APPELLANT

          VERSUS

 Chhaya w/o Mohan Jarange & ors.                     ... RESPONDENTS

                             .......
 Mr. A.B. Kadethankar, Advocate for appellant
 Mr. Sachin S. Deshmukh, Advocate for respondent No.5
                             .......

                                  CORAM :       R. G. AVACHAT, J.

                                  DATE :        7th DECEMBER, 2021
 PER COURT :

The appellant Insurance Company has challenged

the judgment and award, granting compensation on account

of death in a vehicular accident. The challenge is mainly on

the ground of quantum.

2. It appears that, although the case of contributory

negligence was set up before the Tribunal, no evidence in that

regard was let in. The deceased was a teacher. The amount

of compensation awarded is Rs.16,08,776/-. When the

impugned award was passed, the Apex Court judgments in

First Appeal No.2463/2009 :: 2 ::

case of National Insurance Company Limited Vs. Pranay Sethi

and others [ (2017) 16 SCC 680 ] and MAGMA General

Insurance Company Limited Vs. Nanu Ram Alias Chuhru Ram

& ors. [ (2018) 18 SCC 130 ] were not in the field. It thus

appears that, nothing was awarded on account of future

prospects. Even if the appellant Insurance Company would be

successful in pointing out some deduction in the amount of

compensation awarded, the respondents claimants would be

justified in defending the award in the light of the judgments

in cases of Pranay Sethi (supra) and MAGMA (supra). As

such, the amount of compensation awarded appears to be

just and reasonable.

3. No interference is therefore called for. The Appeal

is dismissed. The amount in deposit be paid to the

respondents - claimants along with interest accrued thereon.

( R. G. AVACHAT ) JUDGE

fmp/-