National Insurance Co. Ltd. VS Manda Madhu Shetgaonkar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

M. S. SONAK
National Insurance Co. Ltd. – Appellant
Versus
Manda Madhu Shetgaonkar – Respondent

Advocates Appeared:
Mr. U.R. Timble with Ms. Y. Mandrekar, Advocate for the Appellant., for the Appellant; Mr. R.G. Ramani, Senior Advocate with Mr. P. Kakodkar, Advocate for Respondent Nos.1 to 3., for the Respondent

JUDGMENT

1. Heard Mr Timble for the appellant and Mr R.G. Ramani learned Senior Advocate for the respondent nos.1 to 3.

2. The appellant - Insurance Company, challenges the judgment and award dated 10.11.2016 made by the Tribunal in Claim Petition No.101/2015.

3. Mr. Timble points out that the award of an additional ?1,00,000/- towards love and affection is contrary to the law in National Insurance Company Ltd. V/s. Pranay Sethi, (2017) 16 SCC 680. He points out that claimant no.3 had her own income and, therefore, was not even dependent upon the deceased. He, therefore, submits that the impugned award warrants modification.

4. Mr Ramani concedes that the award of ?1,00,000/- towards love and affection will have to be deleted. However, he submits that an additional ?20,000/- will have to be awarded towards the loss of consortium, considering that three claimants were entitled to ?40,000/- each. He submits that compensation of ?15,000/- is due towards funeral expenses and another ?15,000/- towards loss of estate.

5. Mr Ramani points out that in terms of Pranay Sethi (supra) 15% addition should have been made to the deceased's income because he was 59 years of age. If this were to be made

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