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Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018

To that, a sum of Rs.40,000/- is added towards 'loss of spousal consortium' and a sum of Rs.60,000/- is towards 'loss of parental consortium' to the widow and minor daughter of M.J. Shekar respectively having regard to the other dictum in Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram and Others [2018 ACJ 2782 (SC)] (Magma General Insurance Company). In addition, a sum of Rs.15,000/- is awarded towards loss of estate and a -: 17 :- sum of Rs.15,000/- is awarded towards funeral expenses having regard to the decision of Hon'ble Supreme Court in Pranay Sethi. Thus, the total compensation would be Rs.11,15,536/-. A sum of Rs.1.00 lakh, which is awarded towards ex-gratia is deducted and the compensation is Rs.10,15,536/- instead of Rs.14,36,000/- as awarded by the trial Court. Further, the trial Court has awarded interest at the rate of 15% per annum on the said compensation, which we find is exorbitant and the same is scaled down to 9% per annum. Thus, the total compensation awarded is Rs.10,15,536/- with interest at the rate of 9% per annum from the date of filing of the suit till realization. Thus, point No.2 is answered partly in favour of the appellant.
Supreme Court of India Cites 7 - Cited by 4992 - I Malhotra - Full Document
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