1. Leave granted.
2. This appeal takes exception to the judgment and order dated 4.1.2019 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in First Appeal No. 2564 of 2016 [Shriram General Ins. Co. Ltd. v. Surekha, 2020 ACJ 434 (Bombay)], whereby the High Court, even though agreed with the stand of the Appellants that just compensation amount ought to be Rs. 49,85,376, however, declined to grant enhancement merely on the ground that the Appellants had failed to file cross-appeal.
3. By now, it is well settled that in the matter of insurance claim compensation in reference to the motor accidents, the court should not take hyper-technical approach and ensure that just compensation is awarded to the affected person or the claimants.
4. As a result, we modify the order passed by the High Court to the effect that compensation amount payable to the Appellants is determined at Rs. 49,85,376, with interest thereon as awarded by the High Court.
The appeal is allowed in the above terms.
Pending applications, if any, stand disposed of.
