Surekha W/o Rajendra Nakhate vs Santosh S/o Namdeo Jadhav

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(SC) 933

A.M.KHANWILKAR, HEMANT GUPTA, DINESH MAHESHWARI
Surekha W/o Rajendra Nakhate – Appellant
Versus
Santosh S/o Namdeo Jadhav – Respondent

Advocates appeared:
Mr. Uday B. Dube, Advocate, for the Appellant; Ms. Meenakshi Midha, Advocate, Mr. Kpail Midha, Advocate, Ms. Pritika Juneja, Advocate, Mr. C.S. Ashri, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 04.01.2019 passed by the High Court of judicature at Bombay, Bench at Aurangabad in First Appeal No. 2564 of 2016, whereby the High Court, even though agreed with the stand of the appellants that just compensation amount ought to be Rs.49,85,376/- (Forty-Nine Lakh Eighty-Five Thousand Three Hundred Seventy-Six Only), however, declined to grant enhancement merely on the ground that the appellants had failed to file cross-appeal.

3. By now, it is well-settled that in the matter of insurance claim compensation in reference to the motor accident, the court should not take hyper technical approach and ensure that just compensation is awarded to the affected person or the claimants.

4. As a result, we modify the order passed by the High Court to the effect that the compensation amount payable to the appellants is determined at Rs.49,85,376/- (Forty-Nine Lakh Eighty-Five Thousand Three Hundred Seventy-Six Only) , with interest thereon as awarded by the High Court.

5. The appeal is allowed in the above terms.

6. Pending applications, if any, stand disposed of.

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