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2024 Supreme(SC) 632

HIMA KOHLI, SANDEEP MEHTA
Meenakshi – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Yatendra Sharma, Adv. Ms. Apoorva Sharma, Adv. Mr. Dhawesh Pahuja, AOR
For the Respondent(s): Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv. Ms. Neha Buttan, Adv. Ms. Tanvi Gupta, Adv. Ms. Khushboo Takyar, Adv. Mr. Neeraj, Adv. Mr. Angad Singh, Adv. Mr. Ravish Kumar Sinha, Adv. Ms. Yukta Garg, Adv. Mr. Ashish Kumar Patel, Adv. Mr. Siddharth Bhardwaj, Adv.

ORDER

1. Delay condoned.

2. Leave granted.

3. This appeal arises from the judgment dated 2nd August, 2017 rendered by the learned Division Bench of the High Court of Karnataka, Kalaburagi Bench in M.F.A. No. 200311/2016 (MV) whereby, while partly accepting the appeal preferred by the respondent No. 1- Insurance Company1[Respondent no. 2 was deleted vide order dated 28th August, 2023 by the Hon’ble Judge-in-Chamber], the High Court reduced the compensation awarded to the claimant i.e., Appellant herein vide award dated 25th November, 2015 passed by the Principal Senior Civil Judge and MACT2[hereinafter being referred to as ‘The Accident Claims Tribunal’] at Kalaburagi in a claim petition3[MVC No. 887 of 2013] filed by the appellant herein. The Accident Claims Tribunal had awarded compensation to the tune of Rs. 1,04,01,000/- with interest @ 6% per annum to the claimant i.e., the appellant herein being the mother of Shri Suryakanth who expired in a road accident on 29th August, 2013. The Accident Claims Tribunal, assessed and quantified the compensation in the following manner:-

    “16. Loss of Dependency: The petitioner is the mother of deceased Suryakanth. Admittedly, the age of the dece

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