The Oriental Insurance Company Ltd. ... vs Ravindra S/O Ananda Jadhav And Others on 29 November, 2019
4. The first objection is about addition on account of future
prospects. It is urged that since the petition is under Section 163-A of the
M.V. Act, claimants are not entitled for said addition, but the entitlement is
only as per Second Schedule. In this regard, the appellant relied on the
decision of this Court in case of Late Suman Vihswanath Chavan & ors. Vs.
The Divisional Controller, Maharashtra State Road Transport Corporation,
Jalgaon decided on 29.10.2018 by this Court (Aurangabad Bench) . Besides
that, on the same points, the appellant relied on the judgment delivered by
different High Court in cases of (1) Cholamandalam MS General Insurance
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Judgment 4 28FA1298.17 .odt
Co. Ltd. Vs. Ankit Kumar and others, decided on 30.01.2019 by Punjab-
Haryana High Court, (2) United India Insurance Co. Ltd. Vs. R. Shanthy,
decided on 04.02.2019 by the Madras High Court, (3) the Oriental Insurance
Co. Ltd. Vs. Sukhveer Kaur and others, decided on 10.05.2019 by the Punjab
and Haryana High Court, at Chandigarh, (4) National Insurance Co. Ltd. Vs.
Shooni and others, decided on 30.04.2019 by Punjab and Haryana High
Court, at Chandigarh and (5) HDFC Ergo General Insurance Co. Vs. Panki
Devi, decided on 30.05.2019 by Rajasthan High Court at Jodhpur . In these
cases, the different High Courts equally refused to make addition on account
of future prospects in the petition under Section 163-A of the M. V. Act.