Bombay High Court
The New India Assurance Co.Ltd vs Shri.Ashok Uttamrao Thakur And ... on 8 February, 2021
Bench: P. K. Chavan
8-FA-ST-22318-2017.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL [STAMP] NO.22318 OF 2017
A/W
INTERIM APPLICATION NO.1403 OF 2019
A/W
CIVIL APPLICATION NO.35 OF 2018
The New India Assurance Co. Ltd. ] Appellant
Vs.
Ashok Uttamrao Thakur and others. ] Respondents
.....
Ms. Jyoti Bajpayee-Pande, for Appellant in First Appeal and Applicant
in CAF No.35 of 2018 and Respondent in I.A. No.1403 of 2019.
Mr. T.J. Mendon, for Respondents No.1 to 3 in the First Appeal and
Applicant in I.A. No.1403 of 2019.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 8th FEBRUARY, 2021.
P.C.
1. Heard learned Counsel for the appellant and the respondents
for some time.
2. Perused the impugned judgment and award.
3. Learned Member, M.A.C.T, Kalyan has awarded an amount
of Rs.42,82,000/- to the respondents-claimants with interest @ 9%
Digitally signed by
Shailaja S. Shailaja S. Halkude
Halkude Date: 2021.02.09
12:35:42 +0530 1 of 3
8-FA-ST-22318-2017.doc
per annum from the date of the application till realisation of the
entire amount.
4. Learned Counsel for the appellant submits that the appeal is
only on the quantum of compensation awarded by the Tribunal. It
is submitted that amount awarded under the head of 'loss of
consortium' to the tune of Rs.1,00,000/- by the Tribunal is on
higher side which should have been Rs.40,000/- in view of the
judgment in the case of National Insurance Co. Ltd. VS. Pranay
Sethi and others, 2017 Supreme Court Cases 680. The learned
Counsel also takes an exception to an amount of Rs.2,00,000/-
towards loss of love and affection to respondents No.2 and 3.
5. On the other hand, Mr. Mendon, learned Counsel for the
respondents-claimants by taking support of the judgment of the
Hon'ble Supreme Court in the case of Magma General Insurance
Company Limited Vs. Nanu Ram alias Chuhru Ram and others,
(2018) Supreme Court Cases 130 contends that consortium is a
very vide term which means and includes "spousal consortium",
"parental consortium" and "filial consortium". Here, in the case at
hand, it is "spousal consortium" as well as "filial consortium".
6. Even the decision in the case of New India Assurance
Company Limited; Cholamandalam Ms. General Insurance
Company Limited, Oriental Insurance Company Limited Vs.
Somwati and others; Sangita and others; Azmati Khatoon and
others, Umarani and others; Pinki and others, Nanak Chand and
others, Rinku Devi and others, 2020 Law Suit (SC) 559 has been
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pressed into service by the learned Counsel for the appellant. A
ratio laid down in the case of Magma General Insurance Company
Limited Vs. Nanu Ram alias Chuhru Ram and others, (supra), has
also been discussed in this case while making a reference to a
judgment in c case of National Insurance Co. Ltd. Vs. Pranay Sethi
(supra).
7. After a deliberation, respective learned Counsel have
submitted their calculations on the point of final award to be
payable to the respondents-claimants.
8. Mr. Mendon, learned Counsel contends that an amount of
Rs.41,07,000/- would be the just compensation, whereas, learned
Counsel for the appellant submits that an amount of
Rs.40,91,424/- would be the just compensation. It seems that
there is a small difference of Rs15,576/-.
9. Learned Counsel for the appellant, therefore, seeks some
time to take appropriate instructions from the appellant-Insurance
Company.
10. Matter be listed on 9th February, 2021, high on board.
[PRITHVIRAJ K. CHAVAN, J.]
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