Gujarat High Court
The National Insurance Company ... vs Kapilaben W/O Jitendra Ratilal ... on 16 March, 2021
Bench: Nikhil S. Kariel
C/FA/1089/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1089 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/FIRST APPEAL NO. 1089 of 2021
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THE NATIONAL INSURANCE COMPANY LTD
Versus
KAPILABEN W/O JITENDRA RATILAL BALDANIYA
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Appearance:
MR NAGESH C SOOD(1928) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4,5,6,7,8
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 16/03/2021
ORAL ORDER
Order in First Appeal
Heard learned advocate Mr. Nagesh C. Sood on behalf of
the appellant.
By way of this appeal, the appellant challenges judgment
and award passed by the learned MACT (Main), Sabarkantha at
Himmatnagar in MACP No. 1176/2005 dated 21.08.2020.
Learned advocate Mr. Sood submits that this appeal is
restricted towards an amount of Rs. 80,000/- which has been
C/FA/1089/2021 ORDER
awarded under the head of filial consortium to minor children.
Learned advocate seeks to rely upon the decision of the
Supreme Court in case of National Insurance Company Ltd.
vs. Pranay Sethi & Ors. as well as decision of the Supreme
Court in case of Sureshchandra Bagmal Doshi & Anr. Vs.
The New India Assurance Co. Ltd. & Ors. reported at
2018(15) SCC pg. 469. Relying upon the decisions, learned
advocate submits that the head of filial consortium to minor
children is not a recognised head as per the decision of the
Supreme Court for grant of compensation. Learned advocate
further submits that the entire amount awarded by the learned
Tribunal along with interest and cost including the amount
awarded under the head of filial consortium to minor children
has already been deposited before the learned Tribunal
concerned. He further informs the Court that the original
claimants have moved application for execution of the
impugned judgment and award and therefore, he requests
appropriate orders for directing the interests of the insurance
company.
Under such circumstances, ADMIT.
C/FA/1089/2021 ORDER
Order in Civil Application
Heard learned advocate Mr. Nagesh C. Sood on behalf of
the applicant.
By way of this application, the applicant craves leave to
challenge the impugned judgment and award dated
21.08.2020 passed in MACP No. 1176/2005 by the learned
MACT (Main), Sabarkantha at Himmatnagar in so far as the
amount of Rs. 80,000/- have been awarded under the head of
filial consortium to minor children. Considering the same, issue
notice, returnable on 22.04.2021.
Learned advocate has informed this Court that the entire
amount of compensation as awarded by the learned Tribunal
along with interest and cost has already been deposited.
Considering the same, the impugned judgment and award is
stayed to the extent of awarding the amount of Rs. 80,000/-
under the head of filial consortium to minor children who have
lost their father.
(NIKHIL S. KARIEL,J)
MAYA S. CHAUHAN
