(A.M. Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna, JJ.)
Magma HDI General Insurance Co. Ltd. _________________ Appellant
v.
Kulwinder Kaur and Others _______________________ Respondent(s)
Civil Appeal No. 2472 of 2020 [Arising out of SLP (C) No. 2828 of 2017], decided on June 1, 2020
With
Civil Appeal No. 2473 of 2020 [Arising out of SLP (C) No. 2852 of 2017]
Civil Appeal No. 2472 of 2020 (Arising out of SLP (C) No. 2828 of 2017) and Civil Appeal No. 2473 of 2020 (Arising out of SLP (C) No. 2852 of 2017)
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard learned counsel for the parties.
3. It is not in dispute that the appeal filed by the claimant(s) for enhancement of compensation amount is still pending before the High Court. In that case, the High Court ought to have heard the appeal(s) filed by the Insurance Company along with the cross appeal of the claimant(s) pertaining to the same accident.
4. Accordingly, we set aside the impugned judgment(s) and relegate the parties before the High Court for hearing the restored appeal(s) along with FAO No. 706 of 2018 pending before the High Court.
5. The High Court shall decide the remanded appeal(s) along with pending appeal of the claimant(s) on its own merits afresh including keeping in mind the recent decision of the Constitution Bench of this Court in National Insurance Co. Ltd. v. Pranay Sethi reported in (2017) 16 SCC 680.
6. All contentions available to both the parties are left open.
7. We request the High Court to dispose of the appeal(s) expeditiously.
8. The appeals and pending application(s) are disposed of accordingly. No order as to costs.
Petition(s) for Special Leave to Appeal (C) No(s). 2828/2017
Magma HDI General Insurance Co. Ltd _________________ Petitioner
v.
Kulwinder Kaur & Ors ___________________________ Respondent(s)
With
SLP(C) No. 2852/2017 (IV-B)
Date : 01-06-2020 This petition was called on for hearing today.
(Before A.M. Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna, JJ.)
For Petitioner(s) Ms. Shanta Devi Raman, Adv.
Mr. Garvesh Kabra, AOR
For Respondent(s) Mr. Pramod Dayal, AOR
Mr. Nikunj Dayal, Adv.
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeals and pending application(s) are disposed of in terms of the signed order.
———
