Chanda Nirbhay Shah And Anr vs The New India Assurance Co. Ltd., Mumbai ...
2024 Latest Caselaw 2784 Bom

Bombay High Court

Chanda Nirbhay Shah And Anr vs The New India Assurance Co. Ltd., Mumbai ... on 30 January, 2024

Author: A. S. Chandurkar

Bench: A. S. Chandurkar

2024:BHC-AS:4822
                   Sayyed                                                     32-3-IA-980-2024.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO.980 OF 2024
                                                   IN
                                   FIRST APPEAL (ST) NO.19112 OF 2023

                   Chanda Nirbhay Shah And Anr.                     ..Applicants
                   IN THE MATTER OF BETWEEN
                   The New India Assurance Co. Ltd.                 ..Appellant
                        Vs.
                   Chanda Nirbhay Shah And Ors.                     ..Respondents
                                                  __________

                   Mr. Mayank Tripathi i/by Mr. Bhushan Walimbe for the Applicants
                   /Respondents.
                   Mr. Devendranath S. Joshi for the Appellant.
                                                 __________

                                           CORAM :        A. S. CHANDURKAR &
                                                          JITENDRA JAIN, JJ.

                                           DATE     :     30th JANUARY 2024

                   P.C.:

1. This application has been filed by the original claimants who

had filed M.A.C.P. No.109 of 2021 under Section 166 of the Motor

Vehicles Act, 1988 seeking compensation on account of the accidental

death of their son. By the judgment dated 29 th March 2023, the learned

Member of the Motor Accident Claims Tribunal, Kolhapur awarded a

sum of Rs.1,62,70,000/- with interest as compensation. The Insurance

Company has challenged the aforesaid award in Appeal.

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 Sayyed                                                     32-3-IA-980-2024.doc

2. We have heard the learned counsel for the Applicants-original

claimants as well as the learned counsel for the Insurance Company. We

have also perused the impugned award. We find that the award passed

by the Tribunal has been mainly challenged on the ground that the

Tribunal has failed to consider the aspect of contributory negligence on

the part of the deceased. Another ground of challenge is based on the

quantum of compensation awarded to the claimants.

3. Prima facie, we find that there is sufficient evidence on record

to support the findings recorded by the learned Member of the Tribunal

that the death occurred on account of involvement of the truck that was

insured by the Insurance Company and which was parked without any

signal in a no parking zone. There is further evidence on record to

indicate the income of the deceased. The multiplier 18 also appears to

be rightly applied since the deceased was aged 25 years.

4. Thus, taking a prima facie of the matter, we are inclined to

permit the claimants, who are parents of the deceased as well as senior

citizens to withdraw an amount of Rs.80 lakhs from amount deposited

by the Appellant. The claimants shall file an undertaking in this Court

stating therein that in case the Appeal preferred by the Insurance

Company is allowed and the award passed by the Tribunal is set aside or

the amount of the compensation is reduced below the amount of Rs.80

2 of 3 Sayyed 32-3-IA-980-2024.doc

lakhs they would make good the deficit amount on such terms, as the

Court may direct.

5. It is clarified that the observations made in this order are only

for considering the prayers for withdrawal of the amount. The Interim

Application is disposed of in aforesaid terms .

                              (JITENDRA JAIN, J.)                          (A. S. CHANDURKAR, J.)




Signed by: Sayyed Saeed Ali
                                                                 3 of 3
Designation: PA To Honourable Judge
Date: 01/02/2024 14:30:17