IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2025 (Arising out of SLP(C)No.7100/2023)

AMRIT JAIN & ORS. … APPELLANT(S)

Versus ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. & ORS. … RESPONDENT(S)

O R D E R Time taken for Time taken for Time taken for disposal of the disposal of the disposal of the original claim appeal by the appeal in this petition High Court Court

6 years 7months 6 years 7 months 1 year 11 months Leave granted.

2. We have considered the submissions made by Mr. Vishnu Mehra, Signature Not Verified Digitaly signed by VARSHA MENDIRATTA Date: 2025.02.13

1 R0 e: a1 s2 o:5ln4 :e ISTarned Senior counsel, who appears on behalf of the respondent-

insurer. Appreciably he has assisted the Court with all fairness and candidness. He has also invited our attention to the response affidavit filed by the insurer.

3. On 7^th October, 2008, Shri Rajender Kumar Jain @ Shri Rajender Kumar Lodha and his wife Smt. Suman Devi Jain died as a result of a motor vehicle accident. Their children, four in number being claimants- aged between 12 to 18 years, instituted an application seeking compensation under the provisions of Section 166 of the Motor Vehicles Act, 1988. Such claim petition instituted on 17^th June, 2009 stood decided by the learned District Judge, Bokaro vide order dated 28^th January, 2016. The Tribunal in the case of the deceased father awarded compensation of a sum of Rs.34,69,800/- which, however, was reduced by the High Court to a sum of Rs.28,72,046/-. In the case of the deceased mother, the Tribunal awarded compensation for a sum of Rs.48,99,375/- which stands reduced by the High Court to Rs.37,23,880/-.

4. Certain facts are not in dispute. (a) the parents of the claimants died as a result of a motor vehicle accident which took place on 7^th October, 2008; (b) the claimants being four in number are the dependents; (c) that they alone are entitled for compensation; and (d) the liability is that of the insurer.

5. In the response affidavit, respondents have furnished information indicating the head of the claims and the compensation, which the insurer genuinely assesses to be fairly awarded.

6. In the case of death of the father Shri Rajender Kumar Jain, the compensation suggested by the insurer, as against the claim set up, is as under :

7. In case of death of the Mother, Smt. Suman Devi (age 40 years), the compensation suggested by the insurer, as against the claim set up, is as under:-