1 fa253.2018.odt I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.253/2018 Reliance General Insurance Co. Ltd., 570, Rectifier House, Next to Royal Industries Estate, Naigaon Cross Road, Wadala(W), Mumbai 400 031, through its authorized Officer, Branch 1st Floor, Ayodhya Building, Bajaj Nagar, Nagpur. ... Appellant - Versus - 1. Smt. Pratibha Balasaheb Shinde, Aged 28 years, Occu. Household. 2. Mohit s/o Balasaheb Shinde, Aged 4 years., Occu. Nil Minor through mother and natural Guardian Respondent No.1. 3. Smt. Shantabai Dashrathrao Shinde, Aged 59 years, Occu. Household. All R/o Lonar, Tq. Lonar, Distt. Buldhana. 4. Sukhdev Shamrao chikte, Aged-Major, Occu. Transport, R/o 1st Floor, Sitaram Smruti Chawl, Building, Above Pooja Medical, Ghansoli, Navi Mumbai. ... Respondents ----------------- Mr. D.N. Kukday, Advocate for the Appellant. Mr. S.P. Pawar, Advocate for the Respondent Nos.1 to 3. ---------------- 2026:BHC-NAG:4984 2 fa253.2018.odt CORAM: NEERAJ P. DHOTE, J. DATED : 27.03.2026. ORAL JUDGMENT This is an Appeal by the Insurance Company against the judgment and award dated 13.02.2017 in Claim Petition No.85/2011 filed under Section 166 of the Motor Vehicles Act, 1988 (for short “M.V. Act”) by the Claimants for death of Balasaheb Shinde in the motor vehicular accident dated 21.02.2011 awarding compensation of Rs.29,82,100/- with interest at the rate of 9% per annum. 2. The learned Advocate for the Appellant/Insurance Company and the learned Advocate for the Claimants have filed a Joint Pursis under their signatures making the calculations for the compensation. They submit that, the Appeal can be disposed of in view of the said calculations. The contents of said pursis are reproduced below:- “…. NOTE ON CALCULATION Deceased Balasaheb Dashrath Shinde Salary Rs.12,780/- p.m. i.e. Rs.1,53,360/- per annum Multiplier 17, as per the age of deceased Rs.1,53,360 x 17 + 26,07,120/- 1/3rd Deduction for personal expenses of the deceased Rs.8,69,040/- Loss of dependency. Rs.17,38,080/- 50% Future Prospects Rs.8,69,040/- 3 fa253.2018.odt Total loss of dependency. Rs.26,07,060/- Loss of consortium. Rs.40,000 X 3 = Rs.1,20,000/- Funeral expenses Rs.15,000/- Loss of Estate Rs.15,000/- Total Amount of compensation to be paid. Rs.26,07,060 + 1,20,000 + 15,000 + 15,000 = Rs.27,57,120/- Less No Fault Liability amount Rs.27,57,120 - Rs.50,000 = Rs.27,07,120/- Interest @ 9% p.a. from 25.04.2011 till 01.11.2018 Rs.18,30,678/- Total recoverable amount of compensation along with interest from 25.04.2011 till 01.11.2018 Rs.27,07,120 + Rs.18,30,678 = Rs.45,37,798/- Total amount deposited by the Insurance Company. Rs.48,94,867 – 45,37,798 = Rs.3,57,069/- Total refundable amount to the Insurance Co. as on 01.11.2018 Rs.3,57,069/- Therefore, total amount of Rs.45,37,789/- is to be paid as compensation to the claimant including interest from 25.04.2011 till 01.11.2018 and the claimants are also entitled to get Future Interest on the above said amount of Rs.45,37,789/- from 01.11.2018 till its realization to the claimants. And the amount of Rs.3,57,069/- is refundable to the Insurance Company as on 01.11.2018 along with future interest thereon. The Appeal may kindly be disposed of on the above terms. Hence this note on calculation/Pursis. …..” 4 fa253.2018.odt 3. In view of the above, following order is passed:- i) The Appeal stands disposed of in terms of the Joint Pursis. ii) The parties to act in terms of the Joint Pursis. iii) The Court fee be dealt with as per Rules. iv) Record and proceedings be sent back to the learned Tribunal. (NEERAJ P. DHOTE, J.) Tambaskar.