BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED Vs. R ZOKHUMA, F/O RUALZACHHINGA (L)
LAWS(GAU)-2018-7-27
HIGH COURT OF GAUHATI
Decided on July 12,2018

Branch Manager, Oriental Insurance Company Limited Appellant
VERSUS
R Zokhuma, F/O Rualzachhinga (L) Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. Lalremtluanga, counsel for the review petitioner and Mr. Lalchhanliana Khiangte, counsel for the respondent No. 1.
(2.) The review petitioner's counsel submits that a review of the Judgment and Order dated 03.10.2017 passed in MAC Appeal No. 26/2017 has become necessary in view of the law laid down by the Apex Court in the case of National Insurance Company Limited - vs- Pranay Sethi & Others, 2017 16 SCC 680.
(3.) The review petitioner's counsel submits that this Court in the impugned Judgment and Order dated 03.10.2017 passed in MAC No. 26/2017 had not taken into account the direction passed in Pranay Sethi & Others , wherein the Constitution Bench of the Apex Court has held that pecuniary damages for funeral expenses and loss of estate would have to be limited only to Rs. 15,000/-. Further, the future prospect of the deceased would have to be calculated at the rate of 40% of the income of the deceased and not 50% of the income. He thus submits that in view of the law laid down by the Constitution Bench of the Apex Court, the quantum of compensation awarded to the claimant has to be modified in line with the directions passed by the Constitution Bench of the Apex Court in Pranay Sethi & Others.;


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