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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.2410-2412/2023
[@ SLP [C] NOS.11669-11671/2020]
SHRI RAM GENERAL INSURANCE CO. LTD. Appellant(s)
VERSUS
BHAGAT SINGH RAWAT & ORS. Respondent(s)
WITH
SLP(C) Nos.1185-1186/2021 (XIV)
O R D E R
Leave granted.
Heard learned counsel for parties.
The notice in terms of the order dated
13.10.2020 was confined only to two aspects i.e. the
Signature Not Verified
sum for loss of love and affection being Rs.50,000/-
Digitally signed by
ASHA SUNDRIYAL
Date: 2023.04.05
10:23:56 IST
and for loss of consortium for Rs.40,000/- could not
Reason:
have been granted to each of the three dependents
separately but in toto and that would be the amount
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quantified. This was in terms of the judgment in
National Insurance Company Ltd. v. Pranay Sethi &
Ors. - (2017) 16 SCC 680.
We have heard learned counsel for parties.
Learned counsel for the respondents did
endeavour to persuade us that it should be per the
legal heir by relying on Magma General Insurance
Company Ltd. v. Nanu Ram Alias Chuhru Ram & Ors. -
2018 SCC OnLine SC 1546.
We are, however, of the view that the total
amount has to be assigned under a particular heading
and that will go depending on the number of legal
heirs present.
The amounts fixed in terms of Pranay Sethi’s
case (supra) are Rs.50,000/- and Rs.40,000/-
respectively under the two heads and that should be
the total amount payable.
Having said so, learned counsel for the
respondent points out that this amount so determined
by us is liable to be enhanced by a percentage of 10
per cent every three years as opined in para 61
(viii) of the judgment in Pranay Sethi’s case
(supra) which reads as under:
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“61(viii) Reasonable figures on
conventional heads, namely, loss of estate,
loss of consortium and funeral expenses
should be Rs.15,000/- Rs.40,000/- and
Rs.15,000/- respectively. The aforesaid
amounts should be enhanced at the rate of
10% in every three years.”
The aforesaid position is not disputed by
learned counsel for the appellant.
Thus, this escalation on account of interest
would also to be admissible for the benefit of the
respondents from the date of the Award which will
mean that in the present case there will be two
escalations of 10 per cent each.
The impugned judgment is modified to the
aforesaid extent.
The appellant to deposit the balance amount
within four weeks from today with the Tribunal.
The appeals stand allowed.
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SLP(C) No. 1185-1186/2021
We are not inclined to interfere with the
impugned order(s) on ground raised.
The Special Leave Petitions are dismissed.
……………………………………………..J.
[SANJAY KISHAN KAUL]
……………………………………………..J.
[ARAVIND KUMAR]
NEW DELHI;
MARCH 27, 2023.
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ITEM NO.29 COURT NO.2 SECTION XIV
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). 11669-
11671/2020
(Arising out of impugned final judgment and order dated 16-01-2020
in MACAPP No. 567/2016 25-02-2020 in REVP No. 32/2020 21-08-2020 in
REVP No. 32/2020 passed by the High Court Of Delhi At New Delhi)
SHRI RAM GENERAL INSURANCE CO. LTD. Petitioner(s)
VERSUS
BHAGAT SINGH RAWAT & ORS. Respondent(s)
WITH
SLP(C) No. 1185-1186/2021 (XIV)
([MACT MATTER])
Date : 27-03-2023 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE ARAVIND KUMAR
For Petitioner(s) Mr. Sameer Nandwani, Adv.
Mr. Mohd. Parvez Dabas, Adv.
Uzmi Jameel Husain, Adv.
Mr. Aquib Baig, Adv.
Mr. Mohd. Sahib, Adv.
M/S. Shakil Ahmad Syed, AOR
Mr. Rameshwar Prasad Goyal, AOR
Mr. Mantu Kumar Singh, Adv.
For Respondent(s) Mr. Rameshwar Prasad Goyal, AOR
Mr. Mantu Kumar Singh, Adv.
M/S. Shakil Ahmad Syed, AOR
UPON hearing the counsel the Court made the following
O R D E R
SLP [C] NOS.11669-11671/2020
Leave granted.
The appeals are allowed in terms of the signed order.
Pending application, if any, stands disposed of.
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SLP(C) No. 1185-1186/2021
The Special Leave Petitions are dismissed in
terms of the signed order.
Pending application, if any, stands disposed of.
(ASHA SUNDRIYAL) (POONAM VAID)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file]
