Mrs. Asiya Amjad Khan And Ors vs Reliance General Insurance ...
2021 Latest Caselaw 3399 Bom

Chitra Sonawane                                                          26-CAF-67-2019.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                             CIVIL APPLICATION NO.67 OF 2019
                                            IN
                               FIRST APPEAL NO.806 OF 2019


 Mrs.Asiya Amjad Khan & Ors.                                 ]...Applicants.

 IN THE MATTER BETWEEN:
 Reliance General Insurance Co. Ltd.                         ].. Appellant.
                   Vs.
 Mrs.Asiya Amjad Khan & Ors.                                 ]...Respondents.


                                                  ....
 Mr.D.S. Joshi,             Advocate     for     applicant/respondent       no.1      in     FA
 NO.806/2019.

 Miss Poonam Mittal, Advocate for appellant in FA no.806/2019.

 Mr.Mohammed Naved I. Mulla a/w Ibrahim H.A. Mulla for respondent
 nos.2 and 3 in FA 806/2019.
                               ....

                                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 23RD FEBRUARY, 2021.

P.C. :

1. After hearing Mr.D.S.Joshi, the learned Counsel for the applicant and Mr. Mohammed Naved I. Mulla, the learned Counsel for the respondents for some time, they have pointed out that the Member, M.A.C.T., Mumbai had not considered future prospects of the deceased in the light of the Judgment of Hon'ble Supreme Court, in the case of National Insurance Co.Ltd. Vs.Pranay Sethi Vs. 2017 (4) KLT 662 (SC).

Chitra Sonawane 26-CAF-67-2019.doc

However, Mr.Joshi, the learned Counsel for the applicant fairly concedes that the tribunal has awarded the compensation under the conventional head which is more than what has been laid down by the Supreme Court in Pranay Sethi's case(supra).

2. In view of the above, Mr.Joshi, the learned Counsel has submitted his calculation which are as follows;

Amount(Rs.) Loss of dependencies 20,19,600 Future prospects (40%)+ 08,07,840 Total. 28,27,440 Conventional Heads + 70,000 Total 28,97,440

3. Miss Poonam Mittal, the learned Counsel for the appellant/insurer seeks some time to take instructions as to whether, the above figure given by Mr.Joshi, can be said to be a fair offer. In order to endeavour her to make a statement to that effect, stand over to 5th March 2021.

(PRITHVIRAJ K.CHAVAN,J.)