1 FA 1528.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.1528 OF 2025 The New India Assurance Company Limited, through Branch Office at Riaan House, Opp. K.P. Ground, Railway Station Road, Kingsway Sadar, Nagpur (Insurer of Truck bearing registration No.UP-70/JT- 1843 (Original Respondent No.2 on R.A.) .. Appellant ..Versus.. 1. Ramshila Sajanlal Dhurve Aged about 37 years, Occupation-Household. 2. Ambika Sajanlala Dhurve Aged about 13 years, Occupation-Student. 3. Aksha Sajanlal Dhurve Aged 10 years, Occupation-Student. 4. Aman Sajanlal Dhurve Aged about 10 years, Occupation-Student (Respondent Nos.2 to 4) are minor being represented by her mother Respondent No.1.) 5. Rakhiya Sukarchand Dhurve (Died during the pendency) Aged about 74 years, Occ. Household, All R/o. P.O. Parsoli, Chourai, Dist. Chinwara Madhya Pradesh (Original Claimants 1 to 5 on R.A.) Amendment carried out as per Court’s Order dated 05/08/2026 2026:BHC-NAG:11118 2 FA 1528.25 6. Dilshad Mohd. Ismail R/o. Madhavpura, Mirzapur Choki, Pratapgarh, Mandhata, Uttar Pradesh (Original Respondent No.1 on R.A.) .. Respondents ……………. Ms. Ritu Kalia (Sharma), Advocate for Appellant. Mr. Asghar Hussain, Advocate for Respondent Nos.1 to 5. …………… CORAM : PRAVIN S. PATIL, J. DATED : 20.08.2026. JUDGMENT 1. In the present appeal, the challenge is to the judgment and order passed by the Motor Accident Claims Tribunal, Nagpur in Motor Accident Claim Petition No.1208/2023, decided on 24.07.2025. 2. The appellant has restricted the challenge in the present appeal is only to extent of the compensation which has been awarded by the Tribunal is exorbitant under the conventional head i.e. consortium, funeral expenses and loss of estate and seeks indulgence of this court in the matter. 3 FA 1528.25 3. The appellant has pointed out from the impugned judgment that towards the consortium, the amount of compensation has been awarded Rs.4,71,589/-, which is contrary to the judgment of the National Insurance Company Limited .vs. Pranay Sethi, reported in 2017 ACJ 2700. According to the appellant, towards the consortium, as there were only five claimants in the claim petition, that compensation should have been granted Rs.1,60,000/- along with 10% increase after every three years. However, against this, the Tribunal has awarded Rs.4,71,589/-, hence indulgence of this court is necessary in the matter. 4. In respect of funeral expenses and loss of estate, according to the judgment of the Hon’ble Supreme Court of India, the respondents-claimants are entitled for Rs.18,000/- inclusive of 10% increase after every three years, as per the judgment of the National Insurance Company Limited .vs. Pranay Sethi (supra). However, against this, the learned Tribunal has awarded the compensation of Rs.35,369/- each under the head of funeral expenses and loss of estate. As such, 4 FA 1528.25 according to the appellant, the amount which is awarded in excess is Rs.2,65,000/- and, therefore, this amount needs to be deducted from the compensation amount which is awarded to the respondents-claimants. 5. Learned counsel appearing for respondents-claimants stated that considering the mis-calculation of amount towards conventional head by learned Tribunal, by deducting excess amount, the impugned judgment can be modified. 6. In view of this factual position and the fact that the respondents-claimants have fairly admitted the mistake committed by the learned Claim Tribunal, in my opinion, considering the limited issue raised by the appellant, interference of this court is necessary in the matter. Accordingly, the following order is passed : O R D E R (i) The impugned judgment and order passed by the Motor Accident Claims Tribunal, Nagpur in Motor Accident Claim Petition No.1208/2023, decided on 24.07.2025, is modified to the extent that the amount of Rs.2,65,000/- be deducted from the compensation amount of Rs.22,01,043/- and 5 FA 1528.25 remaining amount be paid to the respondents-claimants. (ii) In respect of rate of interest which is imposed by the learned Tribunal at the rate of 9% per annum, same is reduced at the rate of 7.5% per annum. (iii) The appellant is accordingly directed to deposit the amount of Rs.22,01,043 (-) 02,65,000 = Rs.19,36,043/- along with 7.5% interest from the date of institution of application before the learned Tribunal, till its deposit before this Court by Appellant. (iv) The respondents-claimants are permitted to withdraw the amount of compensation of Rs.19,36,043/- along with interest at the rate of 7.5% per annum, which is deposited by the appellant before this court and the remaining balance amount shall be refunded to the appellant. (v) The appeal stands disposed of accordingly. No costs. (Pravin S. Patil, J.) Gulande Signed by: A.S. GULANDE Designation: Senior Pvt. Secretary Date: 25/08/2026 19:19:06