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Supreme Court - Daily Orders

Kunjal Jitendra Joshi Legal Heir Of The ... vs Tata Aig General Insurance Co. Ltd. on 3 January, 2023

Bench: Dinesh Maheshwari, Hrishikesh Roy

     ITEM NO.23                                COURT NO.7                        SECTION III

                                    S U P R E M E C O U R T O F            I N D I A
                                            RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL)…………….. Diary No(s).34557/2022

     (Arising out of impugned final judgment and order dated 13-05-2022
     in FA No. 1850/2019 13-05-2022 in FA No. 1851/2019 13-05-2022 in FA
     No. 3305/2021 13-05-2022 in FA No. 3304/2021 13-05-2022 in FA No.
     6052/2019 passed by the High Court Of Gujarat At Ahmedabad)

     KUNJAL JITENDRA JOSHI LEGAL HEIR OF THE DECEASED
     DR. JITNEDRA PRABHASHANKAR JOSHI                                             Petitioner(s)

                                                      VERSUS

     TATA AIG GENERAL INSURANCE CO. LTD. & ORS.                                   Respondent(s)

     (FOR ADMISSION and I.R. and IA No.195451/2022-CONDONATION OF DELAY
     IN FILING and IA No.195454/2022-EXEMPTION FROM FILING O.T. and IA
     No.195453/2022-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS)

     Date : 03-01-2023 These petitions were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE DINESH MAHESHWARI
                             HON'BLE MR. JUSTICE HRISHIKESH ROY

     For Petitioner(s)                   Mr. Sanjay Parikh, Sr. Adv.
                                         Ms. Srishti Agnihotri, AOR
                                         Ms. Sanjana Thomas, Adv.
                                         Ms. Mantika Vohra, Adv.

     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Delay condoned.

The learned senior counsel for the petitioner submits that in the present case where the petitioner lost his father, mother and brother in the same accident, the Tribunal had rightly awarded the compensation particularly with reference to the principles applicable to the ‘loss to estate’. According to the learned senior Signature Not Verified Digitally signed by Neetu Khajuria Date: 2023.01.04 counsel, 16:53:32 IST Reason: the approach of the High Court, in denying just compensation barely with reference to the component of dependency, 1 is not correct.

Issue notice, returnable in two weeks. Dasti service, in addition to ordinary process is permitted. (GAGANDEEP SINGH CHADHA) (RANJANA SHAILEY) (SENIOR PERSONAL ASSISTANT) COURT MASTER (NSH) 2