SHIBBO vs THE ORIENTAL INSURANCE COMPANY LTD. - 2024-02-01

O R D E R

1. Leave granted.

2. The limited grievance raised by the appellants(legal heirs of the deceased) to assail the impugned order dated 23rd January, 2019 passed by the High Court of Punjab and Haryana at Chandigarh is that there was no reason for the High Court to have fixed a sum of ₹40,000/- (Rupees forty thousand only) payable to the appellant No.1(wife of the deceased) towards loss of consortium while depriving the children of the deceased of the said amount on a per head basis.

3. We may note that vide order dated 26th April, 2016, passed by the MACT, a sum of ₹1,00,000/- (Rupees One lakh only) was awarded to the appellant No.1 towards loss of consortium. The said amount was reduced by the High Court to ₹40,000/- (Rupees forty thousand only). The High Court also scaled down the amount payable to the appellants towards loss of estate, love and affection from

₹1,00,000/- (Rupees One lakh only) as awarded by the MACT, to ₹15,000/-

(Rupees fifteen thousand only).

4. Keeping in mind the fact that in the case of National Insurance Co. Ltd. vs. Pranay Sethi and others 1 , the Constitution Bench has observed that all the dependents of the deceased are entitled to being awarded amounts separately towards loss of consortium and had awarded ₹40,000/- (Rupees forty thousand only) to each of the dependents in the said case, in the instant case too, it is deemed appropriate to modify the impugned judgment and direct that each of the four appellants (dependents) would be entitled to a sum of ₹40,000/- (Rupees forty thousand only) towards loss of consortium.

5. Further, it is deemed appropriate to direct that a consolidated sum of ₹70,000/- (Rupees seventy thousand only) under all conventional heads including loss of estate, love and affection be awarded to the appellants in place of ₹15,000/-

(Rupees fifteen thousand only), awarded by the High Court.

6. The impugned judgment is modified to the aforesaid extent. The respondent-Insurance Company is directed to deposit the additional amounts as directed above, within a period of four weeks from today along with simple interest @ 9 per cent per annum from the date of filing of the claim petition till the date of deposit.

1 2017 (16) SCC 680 7. The appeal is disposed of on the aforesaid terms while leaving the parties to bear their own expenses.

……………………….......................J.

( HIMA KOHLI )

……………………….......................J.

( AHSANUDDIN AMANULLAH )

NEW DELHI 01st FEBRUARY, 2024 GA ITEM NO.10 COURT NO.9 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 24903/2019

(Arising out of impugned final judgment and order dated 23-01-2019 in FAO No. 4570/2016 passed by the High Court Of Punjab & Haryana At Chandigarh)

SHIBBO & ORS. Petitioner(s)

VERSUS THE ORIENTAL INSURANCE COMPANY LTD. Respondent(s) ( IA No. 152300/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 01-02-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Yadav Narender Singh, AOR For Respondent(s) Ms. Amrreeta Swaarup, AOR UPON hearing the counsel the court made the following

O R D E R

1. Application seeking exemption from filing certified copy of the impugned judgment is allowed.

2. Leave granted.

3. The appeal is disposed of in terms of the signed order.

(Geeta Ahuja) (Nand Kishor)

Assistant Registrar-cum-PS Court Master (NSH)

(Signed Order is placed on the file)