Savita Bhagwan Dudhe And Ors vs The New India Assurance Co. Ltd., ...
2021 Latest Caselaw 17313 Bom

                                                                            37-FA-546-21.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                           FIRST APPEAL NO. 546 OF 2021

The New India Assurance Co. Ltd.
Through Divisional Manager, Aurangabad                     ..APPELLANT
      VERSUS
Savita Bhagwan Dudhe and Others                            ..RESPONDENTS

                  AND CIVIL APPLICATION NO. 12628 OF 2021
                      IN FIRST APPEAL NO. 546 OF 2021

                                     ....
Mr. A.S. Usmanpurkar, Advocate for appellant
Mr. P.C. Mayure, Advocate for respondent nos. 1 to 3
Mr. R.R. Imale, Advocate for respondent no.5
                                     ....

                                             CORAM : R.G. AVACHAT, J.

DATED : 13th DECEMBER, 2021

PER COURT :

1. The challenge in this appeal is only in respect of amount of Rupees

One Lakh granted to the widow of the deceased on account of loss of

consortium and Rupees Fifty Thousand each to Claimants/Respondent Nos. 2

and 3 towards loss of care and protection.

2. Learned counsel are at ad-idem to pass order in terms of the Apex

Court's judgment in the case of National Insurance Company Vs. Pranay Sethi

reported in (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. Vs.

Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130.

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37-FA-546-21.odt

3. In view of the same, the amount of compensation granted to the

widow on account of loss of consortium is reduced from Rs.1,00,000/- to

Rs.40,000/-. The amount towards loss of care and protection granted to

Respondent Nos. 2 and 3 is brought down to Rs.40,000/- each. The amount

reduced therefrom is to be adjusted to Rs.30,000/- towards loss of estate and

funeral expenses to which the Tribunal has awarded Rs.25,000/-. The rate of

interest is scaled down from 8% p.a. to 6% p.a.

4. In view of above, appeal stands disposed of as under :-

           (i)          Appeal is partly allowed.


           (ii)         The amount of compensation is reduced from Rs.
                        54,59,000/- to Rs.53,74,000/-.


           (iii)        The rate of interest is scaled down to 6% p.a.


           (iv)         The amount of compensation payable to Claimant No.4

be paid to his legal heirs, who have already been brought on record.

(v) Rest of the terms of the impugned award stands unchanged.

(vi) Pending civil application stands disposed of.

( R.G. AVACHAT, J. ) SSD

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