NATIONAL INSURANCE CO. LTD. Vs. PANDHARIKANT SAWANT

JUDGEMENT

(1.) Heard Mr. A. Naik, learned Counsel for the appellant and Mr. Guru Shirodkar along with Ms. Varsha Parab, learned Counsel for respondent nos.1(A) and 1(B).

(2.) Admittedly, in this case, no leave was obtained under Sec. 170 of the MV Act. Therefore, following the law laid down by the Division Bench of this Court in I.C.I.C.I. Lombard General Insurance Co. Ltd., Amravati V/s. Surekha w/o. Prakash Ghurde and Ors., (2020) 2 Bom.CR 465 this appeal will have to be dismissed, as not maintainable.

(3.) Mr. Guru Shirodkar, learned Counsel for the claimants, however, points out that there is an obvious error in taking the multiplier as 17 when, in fact, the same should have been 18 in terms of the law laid down in National Insurance Company Limited V/s. Pranay Sethi and Ors., (2017) 16 SSC 680. He points out that even the award towards consortium, loss of estate and funeral expenses is much lesser than what is provided in Pranay Sethi (supra). He points out that, this is a case of death of 27 year old son of the claimant/father. He points out that even the father ultimately expired and now the matter is pursued by the wife of the original claimant.