Bombay High Court
4] Rajesh Wasudeorao Dongre vs 3] The New India Assurance Co. Ltd on 5 April, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.205 OF 2004
1] Smt. Bebitai Wasudeorao Dongre,
Aged about 36 years,
Occupation - Household work.
2] Umesh Wasudeorao Dongre,
Aged about 23 years,
Occupation - Student.
3] Nilesh Wasudeorao Dongre,
Aged about 24 years,
Occupation - Student.
4] Rajesh Wasudeorao Dongre,
Aged about 12 years,
Student.
Appellants Nos.2 to 4 are minor
by guardian her mother and No.1
All resident of Tiosa,
Tq. Tiosa, Dist. Amravati. ....... APPELLANTS
...V E R S U S...
1] Kuktinath Pathak,
Aged - Not known,
Occupation - Truck Driver,
R/o Itali Road Near I.T.I.
School Rathi (Bihar)
2] Mr. Akshywar Singh,
Occupation - Truck Owner,
R/o C/o M/s. Onkar Hotel,
Piska More, Ratu Road, (Bihar).
3] The New India Assurance Co. Ltd.,
through its Branch Officer,
Walcut Compound, Amravati. ....... RESPONDENTS
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Shri P.S. Patil, Advocate for Appellants.
Shri Shashibhushan Wahane, Advocate for Respondent No.3.
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CORAM: R.K. DESHPANDE, J.
th APRIL, 2016.
DATE: 5
ORAL JUDGMENT
1] In Motor Accident Claim Petition No.148 of 1996 the
Tribunal has passed an award under Section 166 of the Motor Vehicles
Act holding the owner, driver and the Insurance Company of the
offending vehicle i.e. Truck No.MP-23 DA-01116 jointly and severally
liable to pay compensation of Rs.2,05,000/- to the claimants along with
interest at the rate of 9% per annum from the date of petition till its
realization. The claimants have preferred this appeal seeking
enhancement of compensation and there is no dispute on the aspect that
the offending vehicle was insured validly on the date of occurrence of
accident i.e. on 17.05.1996 and it was subsisting.
2] Shri Patil, the learned counsel appearing for the claimants
has invited my attention to the oral evidence of the claimant in
paragraph 2, where she has stated that the deceased used to run
'Bichayat Kendra' at Taluka Tiosa and used to earn profit of Rs.1 lac per
year. She claimed the compensation of Rs.7 lacs. Shri Patil, the learned
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counsel has also invited my attention to the finding recorded by the
Tribunal on the basis of six bills filed along with the list at Exhibit 34,
to record the finding that the monthly income of the deceased is
established to the extent of Rs.1500/-. In the absence of evidence the
Court ought to have accepted the claim of Rs.7 lacs for compensation.
Shri Patil, the learned counsel further submits that the claimant was not
paid the compensation on account of future prospects, and the
compensation awarded under the head in funeral expenses, loss of love
and affection to the children and widow, loss of estate and consortium
determined is too less.
3] The point for determination is as under:
Whether the claimants are entitled to further enhancement
of compensation, if yes, to what extent?
4] There is no evidence on record except the oral statement of
the claimant about the monthly income of the deceased. On the basis of
document placed on record the Court has recorded the finding that the
monthly income is to the extent of Rs.1500/-. In the cross-examination
the claimant has stated that she has not placed on record any material to
show that the deceased was paying income tax. No documents are placed
on record for the enhancement of claim on the ground of the monthly
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income of the deceased, hence, no fault can be found with the view
taken by the Tribunal to that extent.
5] Undisputedly, the future prospects are not taken into
consideration by the Tribunal, and this Court finds that the
compensation awarded under the different heads like loss of love and
affection, loss of consortium etc. is less than what the claimants are
entitled to. The claimants consists of three children, who were minor at
the time of filing of the claim petition, and on the basis of the decision of
the Apex Court in case of Neeta and others v. Divisional Manager,
Maharashtra State Road Transport Corporation reported in 2015 ACJ 598,
they would be entitled to loss of love and affection at least to the extent
of Rs.10,000/- each, since the accident had occurred in the year 1996.
The widow would be entitled to compensation on account of loss of
consortium to the extent of Rs.50,000/-. The future prospects of the
deceased will have to be taken into consideration which is ignored by the
Tribunal.
6] In the light of the decision of the Apex Court in Rajesh and
others v. Rajbir Singh and others reported in (2013) 9 SCC 54, the
deceased in the present case is below the age of 40 years. The future
prospects would be increased by 50%. The monthly income of the
deceased was of Rs.1500/- and addition would be of Rs.700/- and the
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yearly income is arrived at Rs.26,400/- (2200 x 12). The multiplier of 15
in the present case would be appropriate multiplier, which would
workout the total enhancement of Rs.3,96,000/-.
7] In view of above, the claimant would be entitled the
enhancement of compensation of Rs.4,76,000/- with interest at the rate
of 9% per annum from the date of filing of the petition till its realization.
8]
In view of above, the appeal is partly allowed. The claimant
is held entitled to the compensation of Rs.4,76,000/- inclusive of no fault
liability awarded by the Tribunal along with interest at the rate of 9%
per annum from the date of filing of the petition till its realization.
The amount already paid shall be deducted from it. The award passed by
the Tribunal is modified accordingly. No order as to costs.
JUDGE
NSN
