(A.M. Khanwilkar, Hemant Gupta and Dinesh Maheshwari, JJ.)
Surekha and Others _______________________________ Appellant(s);
v.
Santosh and Others ______________________________ Respondent(s).
Civil Appeal No. 476 of 2020 (Arising out of SLP(C) No. 8439 of 2019), decided on January 21, 2020
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal takes exception to the judgment and order dated 04.01.2019 passed by the High Court of judicature at Bombay, Bench at Aurangabad in First Appeal No. 2564 of 2016, whereby the High Court, even though agreed with the stand of the appellants that just compensation amount ought to be Rs. 49,85,376/- (Forty-Nine Lakh Eighty-Five Thousand Three Hundred Seventy-Six Only), however, declined to grant enhancement merely on the ground that the appellants had failed to file cross-appeal.
3. By now, it is well-settled that in the matter of insurance claim compensation in reference to the motor accident, the court should not take hyper technical approach and ensure that just compensation is awarded to the affected person or the claimants.
4. As a result, we modify the order passed by the High Court to the effect that the compensation amount payable to the appellants is determined at Rs. 49,85,376/- (Forty-Nine Lakh Eighty-Five Thousand Three Hundred Seventy-Six Only), with interest thereon as awarded by the High Court.
5. The appeal is allowed in the above terms.
6. Pending applications, if any, stand disposed of.
SLP(C) No. 8439 of 2019
Surekha W/o Rajendra Nakhate & Ors ______________ Petitioner(s)
v.
Santosh S/o Namdeo Jadhav & Ors _________________ Respondent(s)
Date: 21-01-2020 This appeal was called on for hearing today.
(Before A.M. Khanwilkar, Hemant Gupta and Dinesh Maheshwari, JJ.)
For Appellant(s) Mr. Uday B. Dube, AOR
For Respondent(s) Ms. Meenakshi Midha, Adv.
Mr. Kpail Midha, Adv.
Ms. Pritika Juneja, Adv.
Mr. C.S. Ashri, AOR
UPON hearing the counsel the Court made the following
ORDER
7. The appeal is allowed in terms of the signed order.
8. Pending applications, if any, stand disposed of.
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