Reliance General Insurance Co. ... vs Smt. Aafrin Parveen Eqlakh Ahmed ...
2021 Latest Caselaw 12388 Bom

                  Digitally signed by
      IRESH       IRESH SIDDHARAM
      SIDDHARAM   MASHAL
                  Date: 2021.09.02
      MASHAL      17:14:10 +0530




                                                                                  27.778.16 fa.doc

ISM
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                CIVIL APPELLATE JURISDICTION

                                                 FIRST APPEAL NO. 778 OF 2016

                  RELIANCE GENERAL INSURANCE                                ....APPELLANT
                  CO. LTD.

                                 V/s.

                  SMT. AAFRIN PARVEEN EQLAKH                                .....RESPONDENTS
                  AHMED AND ORS

                  Ms. Poonam Mittal for the appellant
                  Mr. Mahendra N. Sandhyanshiv for respondent nos. 1, 3 & 4


                                               CORAM :     NITIN W. SAMBRE, J.

                                               DATE:       SEPTEMBER 1, 2021.

                  P.C.:

                  1]             Attention of this Court is invited to para 31 of the Judgment

delivered by this Court on 17/12/2019 in First Appeal No. ST No.

5735 of 2016 which reads thus:

"31. The learned Single Judge of this Court in case of Kelkar and Kelkar vís. Shripad Narayan Gore and Others, 2019 SCC OnLine Bom 4140 after adverting

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to the judgment of Supreme Court in case of Ranjana Prakash & Ors. v/s. Divisional Manage and Anr.

(supra) and also adverting to the judgment of Supreme Court in case of Nagappa v/s. Gurudaval Singh (supra) and various other Judgments held that while dealing with the claim petition under Section 166 of the Motor Vehicles Act, which is benevolent provision, the Tribunal/Court is not bound by the pleadings or strict rules or evidence. The Tribunal/Court is under a statutory obligation to determine just compensation' without succumbing to the niceties or technicalities of the matter. It is held by this Court that there is no embargo for the Claims Tribunal or the Court to award compensation in excess of what is claimed. Since, it is statutory obligation of the Court to do complete justice to the parties and to award just compensation, there is no restriction to enhance the compensation in appropriate case even in the absence of cross-appeal or cross-objection. This Court accordingly ater applying the principles of law laid down by the Supreme Court in case of National Insurance Company Limited v/s. Pranay Sethi & Ors. (supra) awarded additional compensation which were allowed by the Supreme Court in the said judgment".

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2] In view of above, learned counsel for the appellant insurance

company would urge that she be granted time to prepare the matter

on the issue as to whether in absence of cross-objection, future

prospect can be awarded in the light of Constitution Bench Judgment

in the matter of National Insurance Company Limited Vs. Pranay

Sethi and Ors [(2017) 16 SCC 680].

3] Accordingly matter is adjourned to 30/09/2021.

[NITIN W. SAMBRE, J.]