LAWS(SC)-2021-7-83

GEETA Vs. BAJAJ ALLIANZ GENERAL INS. CO. LTD.

Decided On July 29, 2021
GEETA Appellant
V/S
Bajaj Allianz General Ins. Co. Ltd. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by way of special leave petition has been filed by the appellants against the order of the High Court dtd. 17/1/2019.

(3.) The brief facts of this case are that in a motor vehicle accident, which took place on 24/11/2012, the husband of the appellant no. 1 died, leaving behind his widow (appellant no.1), three minor children (appellants no.2, 3 and 4) and parents (appellants no.5 and 6). The appellants filed a claim petition claiming compensation of Rs.50.00 lakhs. The Motor Accidents Claims Tribunal, vide its award dtd. 9/1/2014, awarded compensation of Rs.21,07,000.00 along with 9% interest, which was challenged by the Insurance Company/respondent no. 1 in appeal. The High Court reduced the compensation from Rs.21,07,000.00 to Rs.13,08,800.00 to be payable to the appellants/claimants along with 9% interest per annum from the date of petition before the Tribunal till realization of the entire amount. While reducing the compensation, the High Court has considered lesser income of the deceased than what was assessed by the Tribunal. Challenging the said reduction of compensation, the appellants/claimants have filed this appeal.