United India Insurance Company ... vs Smt. Yamuna Jangam And Ors
2023 Latest Caselaw 7337 Bom

                                         1                        17 fa 580-20-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.580 OF 2020

 United India Insurance Company Limited                 ... Appellant
       Vs.
 Yamuna Jangam and ors.                                 ... Respondents
                                 -------

 Mr.N.V.Bhutekar, Advocate for the Appellant.
 Mr.T.J.Mendon, Advocate for the Respondents No.2 to 6.

                                             -------

                            CORAM :    ABHAY AHUJA, J.

                            DATE :     24 JULY, 2023.


 P.C. :

1. When the matter is called out, Mr.Bhutekar, learned counsel for the

Appellant would submit that there are primarily 3 issues on which the

Insurance Company would like to agitate this appeal. Firstly, on the

ground of the age proof of the deceased at paragraph 11 of the impugned

judgment and award; Secondly, the issue with respect to the income of the

deceased as Dancer as well as Assistant Dance Director. Learned counsel

would submit that there is no proof that the deceased was getting a

salary of Rs.20,000/- per month as Assistant Dance Director. He submits

that the evidence in this regard would demonstrate the same; Thirdly,

Priya R. Soparkar 1 of 2

2 17 fa 580-20-c.doc

with respect to the deduction of 1/5th taken towards personal and living

expenses of the deceased. Learned counsel would submit that there is no

such provision in the decision of the Supreme Court in case of National

Insurance Company Limited Vs. Pranay Sethi and ors. 1, He would submit

that the provision is in respect of 1/3rd, 1/4th or 1/6th depending on the

number of dependents in case the deceased is married but cannot be

1/5th. He refers to paragraph No.15 of the impugned decision.

2. Since the record and proceedings is still awaited and compilation of

documents is also not yet filed, let record and proceedings be received and

the compilation also be filed by the next date.

3. List on 17th August, 2023 for final disposal at the stage of

admission.

                                                   (ABHAY AHUJA, J.)




 1    2017(16) SCC 680


  Priya R. Soparkar                                                                    2 of 2