Magma HDI General Insurance Co. Limited v. Kulwinder Kaur
2020-06-01
A.M.KHANWILKAR, DINESH MAHESHWARI, SANJIV KHANNA
body2020
DigiLaw.ai
ORDER 1. Leave granted. 2. Heard learned counsel for the parties. 3. It is not in dispute that the appeal filed by the claimant(s) for enhancement of compensation amount is still pending before the High Court. In that case, the High Court ought to have heard the appeal(s) filed by the Insurance Company along with the cross appeal of the claimant(s) pertaining to the same accident. 4. Accordingly, we set aside the impugned judgment(s) and relegate the parties before the High Court for hearing the restored appeal (s) along with FAO No. 706 of 2018 pending before the High Court. 5. The High Court shall decide the remanded appeal(s) along with pending appeal of the claimant (s) on its own merits afresh including keeping in mind the recent decision of the Constitution Bench of this Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680 . 6. All contentions available to both the parties are left open. 7. We request the High Court to dispose of the appeal(s) expeditiously. 8. The appeals and pending application(s) are disposed of accordingly. No order as to costs.