ANITA SHARMA AND OTHERS Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER
LAWS(SC)-2020-12-19
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on December 08,2020

Anita Sharma And Others Appellant
VERSUS
The New India Assurance Company Limited And Another Respondents


Referred Judgements :-

SUNITA V. RAJASTHAN STATE ROAD TRANSPORT CORPORATION [REFERRED TO]
KARTAR SINGH KRIPA SHANKAR RAI VS. STATE OF PUNJAB [REFERRED TO]
BIMLA DEVI VS. HIMACHAL ROAD TRANSPORT CORPN [REFERRED TO]
PARMESHWARI VS. AMIR CHAND [REFERRED TO]
DULCINA FERNANDES VS. JOAQUIM XAVIER CRUZ [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]



Cited Judgements :-

FUTURE GENERAL INDIA INSURANCE COMPANY LTD. VS. SAROJ KUMARI [LAWS(HPH)-2021-3-46] [REFERRED TO]
KAVITA VERMA VS. JOGENDRA SINGH [LAWS(ALL)-2022-4-3] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD. VS. WASHEEMA BANO [LAWS(ALL)-2022-6-26] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. SAVITA SAJJAN NAIK [LAWS(BOM)-2022-7-25] [REFERRED TO]
SANJAY KUMAR SADWANI VS. RAMLAL AND SONS [LAWS(ALL)-2021-8-217] [REFERRED TO]
RAMESH CHANDRA GUPTA VS. JAGDISH CHANDRA SAMDANI [LAWS(ALL)-2021-8-185] [REFERRED TO]
MEENAXI PANWANDA VS. RAJ KUMAR [LAWS(ALL)-2021-8-188] [REFERRED TO]
GEETA YADAV VS. PREM ROADWAYS REGISTERED [LAWS(ALL)-2022-5-22] [REFERRED TO]
RAMO DEVI VS. ICICI GENERAL INSURANCE CO. LTD. [LAWS(ALL)-2022-5-94] [REFERRED TO]
NAVIN C. NAIK VS. ARCHANA RAMDAS SAPEKAR [LAWS(BOM)-2022-4-314] [REFERRED TO]
MARY FERNANDES VS. ROQUE OLAVO SOARES [LAWS(BOM)-2022-4-216] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD VS. YVETTE GOMENDES [LAWS(BOM)-2022-5-102] [REFERRED TO]
STATE OF GOA VS. MICHAEL JOAQUIM F.D. SOUZA [LAWS(BOM)-2022-8-142] [REFERRED TO]
PETER GODINHO VS. CORNELINS DSOUZA [LAWS(BOM)-2022-7-204] [REFERRED TO]
ANKUSH S. SAWANT VS. KEDAR CHANDRAKANT SAWANT [LAWS(BOM)-2022-7-185] [REFERRED TO]
KADAMBA TRANSPORT CORPORATION LTD., VS. AKSHATA SANTOSH SAWANT [LAWS(BOM)-2022-3-207] [REFERRED TO]
HARDASBHAI RAYMALBHAI GOHIL VS. SANJAYBHAI ARVINDBHAI JABUANI [LAWS(GJH)-2022-5-412] [REFERRED TO]
RABARI NAGJIBHAI MANEKLAL VS. NILAMBEN UPENDRABHAI SHAH [LAWS(GJH)-2022-2-5] [REFERRED TO]
RAJNI SINGH VS. IFFCO TOKIYO GENERAL INSURANCE CO. LTD. [LAWS(ALL)-2022-8-11] [REFERRED TO]
PEDRINHA FERNANDES VS. PRASAD NAIK [LAWS(BOM)-2022-8-60] [REFERRED TO]
AKARAM JADHAV VS. JAYESH ASHOK NAIK [LAWS(BOM)-2022-4-140] [REFERRED TO]
SHRI SIDHARTH V. KERKAR VS. SHRI SANDESH N. DESAI [LAWS(BOM)-2022-8-36] [REFERRED TO]
BHIMSEN TANAJI GAWADE VS. GOVT. OF GOA [LAWS(BOM)-2022-7-196] [REFERRED TO]
SUDARSHAN VS. ABHIJIT MORTULO PEELNEKAR [LAWS(BOM)-2022-6-212] [REFERRED TO]
COMMANDING OFFICER VS. DATTATRAYA UTTURKAR [LAWS(BOM)-2022-4-113] [REFERRED TO]
DINESH DIVSEKAR VS. DINKAR A. MATAWANKAR [LAWS(BOM)-2022-3-198] [REFERRED TO]
SUSHILA DEVI VS. DEVENDRA [LAWS(ALL)-2021-3-76] [REFERRED TO]
SHRI SUDARSHAN VS. SHRI ABHIJIT MORTULO PEELNEKAR [LAWS(BOM)-2022-7-125] [REFERRED TO]
SHYAMA MISHRA VS. NIKET KUMAR DRIVER [LAWS(ALL)-2022-4-41] [REFERRED TO]
SATYAPAL SINGH VS. MANOJ KUMAR [LAWS(ALL)-2021-9-101] [REFERRED TO]
KAMAL MARWAH VS. OWENS BILT LIMITED [LAWS(ALL)-2021-10-66] [REFERRED TO]
SHOBHA RAIKAR VS. ANIL SHINDE [LAWS(BOM)-2022-4-94] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. MEENAKSHI [LAWS(P&H)-2021-8-97] [REFERRED TO]
SHAHABUDDIN USMAN KHAN VS. ANTONIO ROQUE PAULO ALVITO BAPTISTA [LAWS(BOM)-2022-7-62] [REFERRED TO]
NEHA VS. S.D.ROCKY [LAWS(BOM)-2022-2-232] [REFERRED TO]


JUDGEMENT

SURYA KANT, J. - (1.)Leave Granted.
(2.)These two appeals, which have been heard through video conferencing, are directed against the judgment dated 23.07.2018 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur whereby the first appeal preferred by the New India Assurance Co. Ltd. (Respondent No. 1) against the Motor Accident Claims Tribunal's (hereinafter, "Tribunal") award dated 01.09.2012 was allowed and the Claim Petition was rejected, whereas the appeal filed by the appellant-claimants for enhancement of compensation was consequently dismissed.
Facts:

(3.)Sandeep Sharma (deceased), was a resident of District Sikar in Rajasthan. He was travelling in a car bearing registration no. UP 65 AA 7100 from Ghazipur to Varanasi (Uttar Pradesh) on the night of 25.03.2009 along with his friend Sanjeev Kapoor (Respondent No. 2) and two other occupants. Sanjeev Kapoor, who was also its owner, was driving the car when at about 10:20PM near village Atroli, a truck coming from the opposite side struck the car as a result of which all the occupants suffered injuries. Sandeep along with the other injured-occupants was rushed to the District Hospital in Ghazipur at around 11:55 PM, but was subsequently referred to the Institute of Medical Sciences and S.S. Hospital, BHU, Varanasi on 26.03.2009 considering the severity and multiplicity of his injuries. Although he was discharged on 16.04.2009 and brought back to Rajasthan, it appears that Sandeep kept experiencing one after another medical complications, and remained hospitalized at the Jain Hospital in Jaipur and later the Joshi Nursing Home at Sikar. His injuries eventually got the better of him and Sandeep Sharma passed away on 10.12.2009.
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