National Insurance Co. Ltd. v. Shobha Vassant Gaude Nee (alias)
2022-03-17
M.S.SONAK
body2022
DigiLaw.ai
JUDGMENT : M.S. SONAK J. 1. Heard Mr. Timble for the Appellant-Insurance Company. 2. On 4th March, 2022, this Court made the following Order: (1) After this matter was argued for some time, the learned counsel for the parties agree that this matter could be sent to the ensuing Lok Adalat scheduled on 12.03.2022. (2) One of the issues involved in this appeal is whether such appeal is at all maintainable in the absence of any leave under Section 170 of the Motor Vehicle Act obtained by the appellant-Insurance Company. (3) At the same time, if the compensation determined by the Tribunal at paragraph 23 is analysed, then, at least prima-facie it is apparent that no compensation could have been awarded towards loss of love and affection in an amount of Rs. 3 lakhs. At the highest towards loss of consortium to each of the four claimants an amount of Rs. 40,000/- could have been awarded i.e. a total of Rs. 1,60,000/-. Further, the compensation towards loss of estate, at least prima-facie will have to be reduced from Rs. 1 lakh to Rs. 15,000/- and towards funeral expenses from Rs. 20,000/- to Rs. 15,000/-. This means that in the terms of the law laid down by the Hon'ble Supreme Court in National Insurance Company Ltd. vs. Pranay Sethi and Others, 2017 (16) SCC 680 the just compensation would come to Rs. 5.76 lakhs. At least prima-facie even the interest amount need not be disturbed considering that this was a case of death. (4) The learned counsel for the claimants, without prejudice to his contention about the maintainability stated that the claimants would be satisfied with the compensation of Rs. 5.76 lakhs. However, Mr. Timble desired to seek some instructions from the Insurance Company in this matter. (5) Learned counsel however submitted that the matter can go to the Lok Adalat where a settlement will be attempted. (6) Even according to me it is best if the matter is settled before the Lok Adalat rather than go into the issue of maintainability of the appeal. (7) Place the matter in the ensuing Lok Adalat scheduled on 12.03.2022. Learned counsel for the parties state that they will appear before the Lok Adalat on 12.03.2022. (8) If for any reason the matter is not settled before the Lok Adalat then place it for final hearing on 17.03.2022 under the caption “part heard.” 3.
(7) Place the matter in the ensuing Lok Adalat scheduled on 12.03.2022. Learned counsel for the parties state that they will appear before the Lok Adalat on 12.03.2022. (8) If for any reason the matter is not settled before the Lok Adalat then place it for final hearing on 17.03.2022 under the caption “part heard.” 3. Today, Mr. Timble submits that the matter could not be settled before the Lok Adalat because the Divisional Manager could not remain present. He, however, submits that he has instructions to settle the matter at Rs. 5.76 lakhs. 4. Mr. V. Kurtikar, learned Counsel for the Claimants had already made a statement before this Court that the Claimants, without prejudice to their contentions about the maintainability of the Appeal, would be satisfied with the compensation of Rs. 5.76 lakhs. 5. Therefore, in this case, without going into the issue of maintainability and based on the consent of the parties, articulated through their learned Counsel, this Appeal can be disposed of by modifying the impugned Award dated 21st July, 2016 in Claim Petition No. 104/2015. In terms of the modification, the awarded compensation of Rs. 9,06,100/- will stand reduced to Rs. 5,76,000/-. Save and except this modification, rest of the directions in the impugned award are maintained. 6. From the amount deposited by the Insurance Company in this Court, the Claimants, as well as the Insurance Company, will be entitled to now withdraw their proportionate shares in terms of the impugned Award as now modified. Both the parties will also be entitled to proportionate interest that shall have accrued on the said amount. 7. The Appeal is disposed of with the aforesaid terms. There shall be no order for costs.