SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. MANUEL RAPOSO

JUDGEMENT

(1.) Heard Mr Kurtikar for the Appellant and Mr Salgaonkar for respondent no.2. Respondent no.1, the father of the deceased Jesus Raposo, has expired. However, since the other dependant and moiety holder, his wife and the mother of deceased Jesus, is on record, the delay in filing the appeal is condoned, and the appeal is taken up for final disposal with the consent of the learned Counsel for the parties.

(2.) Mr Kurtikar clarified that the appeal would be pressed only on the issue of the quantum of compensation and the rate of interest.

(3.) He points out that the Tribunal has awarded compensation of Rs.1,00,000.00 each towards loss of love and affection and Rs.25,000.00 towards funeral expenses. He submits that in terms of the law in National Insurance Company Ltd. Vs. Pranay Sethi and Ors., 2017 (16) SCC 680, the compensation towards the loss of consortium could have been Rs.40,000.00 towards each of the claimants. Further, only Rs.15,000.00 could have been awarded towards funeral expenses, and, to this amount, Rs.15,000.00 could be added towards loss of estate. He submits that interest at the rate of 9% per annum is also excessive considering that the accident occurred in 2013. Therefore, he proposes interest at the rate of 7% per annum.