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2018 Supreme(SC) 168

MADAN B.LOKUR, DEEPAK GUPTA
New India Assurance Co. Ltd. – Appellant
Versus
Vinish Jain – Respondent


JUDGMENT :

Deepak Gupta J.

1. These three cases are directed against the judgment dated 03.10.2016 whereby three appeals under the Motor Vehicles Act were disposed of by the High Court.

SLP (C) NO(S).13931 OF 2017

2. This case is filed by Vinish Jain and others. It relates to death of one Alok Jain. Even as per the learned counsel for the petitioner if the judgment rendered by the Constitution Bench of this Court in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 is applied, the difference in compensation is just about 5%.

3. This Court normally does not interfere where variation in the compensation is within the permissible limits. Therefore, the special leave petition is dismissed.

SLP (C) NO(S).13932 OF 2017

4. This case filed by Vinish Jain and others relates to death of one Kalpana Jain. Even as per the learned counsel for the petitioner if the judgment rendered by the Constitution Bench of this Court in Pranay Sethi (supra) is applied, the difference in compensation is just about 4%.

5. This Court normally does not interfere where variation in the compensation is within the permissible limits. Therefore, the special leave petition is dismissed.

CIVIL APPEAL @ SLP (C) NO




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