CHOLAMANDALAM MS GENERAL INSURANCE CO. Vs. DUSMANTA GIRI

JUDGEMENT

(1.) The learned Counsel for the parties state that this matter can be disposed of without going into the issues of maintainability based on the agreement that is now reached, to scale down the compensation amount from ?, 13.45 lakhs to ?, 11.00 lakhs.

(2.) The learned Counsel for the parties pointed out that the Motor Accident Claims Tribunal, in this case, had awarded compensation in excess of what is prescribed in the case of National Insurance Co. Ltd. vs. Pranay Sethi and ors. (2017) 16 SCC 680 under the heads of loss of love and affection; loss of consortium; loss of estate and funeral expenses. The amount now agreed by them is consistent with the ruling in Pranay Sethi case (supra), except that the amount is now rounded off to Rs.11.00 lakhs.

(3.) Accordingly, by consent the impugned Judgment and Award dtd. 30/8/2017 in Claim Petition No.86/2013 is now modified and the compensation amount is determined at ?, 11.00 lakhs. Rest of the directions in the impugned award are not interfered with.