Bombay High Court
Vasant Bhagwant Pandav & Ors vs M.S.R.T.C. Ahmednagar. & Ors on 18 April, 2016
Bench: V.K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 463 OF 1998
1. Vasant Bhagwant Pandav,
Age 68 years, Occu: At present Nil,
R/o Paithan, Taluka Paithan,
District Aurangabad.
2. Mrs. Sushilabai Vasant Pandav,
Age 57 years, Occu: Household,
R/o as above,
3. Narendra s/o Vasant Pandav,
Age 29 years, Occu: Education,
R/o as above. ... Appellants
Versus
1. Maharashtra State Road Transport
Corporation, (The Divisional
Controller, Sarjepura,
Ahmednagar).
2. Kisan Vishwanath Shelke,
Age Major, Occu: Driver,
R/o Paithan, District Aurangabad.
3. Ankush Aaba Jagdale,
Age Major, R/o Karhade,
Taluka Shirur,
District Pune. (Deleted)
4. M/s. P. G. Roadways,
Kundan, 180/1, Timber Market,
M.P.Peth, Pune-2.
5. The United India Insurance Co. Ltd.,
Kisan Kranti Building,
Market Yard, Ahmednagar. ... Respondents
.....
Mr. M. D. Joshi, Advocate for the appellants
Mr. M. K. Goyanka, Advocate for respondent No.1
Mr. Mohit R. Deshmukh h/f Mr. S. G. Chapalgaonkar, Advocate for
respondent No.5
.....
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CORAM : V. K. JADHAV, J.
DATED : 18th APRIL, 2016
ORAL JUDGMENT:-
1. Heard learned counsel for the respective parties.
2. Being aggrieved by the common judgment and order passed
by the learned Member, M.A.C.T., Ahmednagar dated 30.11.1996 in
M.A.C. Application Nos. 172 and 173 of 1990, the original claimants
in M.A.C. Application No. 172 of 1990 have preferred this appeal to
the extent of quantum of compensation.
3. Brief facts, giving rise to the present appeal, are as under:-
i) On 23.11.1989, claimant No.1 Vasant alongwith his daughter
deceased Sunita were proceeding from Paithan to Pune in S.T. Bus
bearing registration No. MCA 7656. Respondent No.2 was driving
said S.T. Bus at the relevant time. On way, within the limits of village
Kamargaon on Nagar-Pune road, one truck bearing registration No.
MWQ-9601 came from opposite side and gave dash to the S.T. Bus.
The said truck was being driven in rash and negligent manner in
excessive speed by original respondent No.3 at the time of accident.
In consequence of which, claimant No.1 Vasant was seriously
injured. Moreover, his daughter Sunita sustained severe injuries in
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the accident and succumbed to those injuries in the hospital while
under treatment. The claimants, being legal representatives of
deceased Sunita, preferred M.A.C. Application No. 172 of 1990 for
grant of compensation under various heads before the M.A.C.T.
Ahmednagar. Claimant No.1 Vasant had also preferred separate
petition before M.A.C.T. Ahmednagar bearing M.A.C. Application No.
173 of 1990 for grant of compensation on account of personal
injuries sustained by him in the said accident.
ii) Being aggrieved by the quantum, in respect of death claim, the
original claimants have preferred this first appeal No. 463 of 1998.
4. Learned counsel for the appellant submits that claimant No.1
Vasant was performing Kirtan by visiting various villages and
deceased Sunita was helping her father in arranging Kirtans and also
used to help her mother in household work. The Tribunal has not
considered her income for giving assistance to her father while
performing Kirtan in various villages and also assisting mother in
household work. Even the tribunal has not applied the multiplier
method and no reasons are given in the impugned judgment and
award causing departure from multiplier method. Learned counsel
submits that even the tribunal has not awarded any compensation
under non pecuniary heads.
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5. Learned counsel for respondent-insurer submits that deceased
Sunita was non-earning member in the family and at the time of her
accidental death, she was taking education. The accident took place
in the year 1989 and the income, which was required to be
considered in respect of non earning member of the family, was
introduced by way of amendment in the year 1994. Learned counsel
for the insurer submits that the Tribunal has erroneously awarded
interest at the rate of 12% p.a. instead of 9% p.a. Learned counsel
submits that the tribunal has therefore, rightly awarded the lump sum
compensation.
6. I have also heard learned counsel appearing for the
M.S.R.T.C.
7. It is not disputed in the appeal that said accident was caused
due to rash and negligent driving by the driver of truck alone, and the
driver of S.T. Bus was not responsible for the accident.
8. Departure from multiplier method is permissible only in
exceptional cases. In the case in hand, though there is death of a
young girl of 20 years old, the Tribunal has awarded lump sum
compensation of Rs.50,000/-. There is evidence that deceased
Sunita was helping her father claimant No.1 Vasant in arranging
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Kirtans in various villages and in that way her contribution is required
to be considered. She was also assisting her mother in the
household work. It would be appropriate if her income is considered
at Rs.15,000/- per annum. Deceased Sunita was unmarried at the
time of her accidental death and therefore, ½ of the amount is
required to be deducted towards her personal expenses.
Considering her age, the multiplier 18 would be appropriate in this
case. In view of this, the claimants are entitled for amount of
Rs.1,35,000/- towards loss of income/dependency.
9. It also appears from the impugned judgment and award that
learned Member of the tribunal has not awarded any compensation
under non-pecuniary heads. The claimants are entitled for an
amount of Rs.10,000/- for love and affection and Rs.5,000/- for loss
of estate and Rs.5000/- for funeral expenses. The claimants are,
thus, entitled for total compensation of Rs.1,55,000/-. Hence, I
proceed to pass the following order:-
ORDER
I. The appeal is hereby partly allowed.
II. The Judgment and award dated 30.11.1996 passed by
learned Member M.A.C.T. Ahmednagar in M.A.C.
Application No. 172 of 1990 is hereby modified in the
following manner:-
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Respondent Nos. 4 and 5 jointly and severally do pay
the claimants in M.A.C. Application No. 172 of 1990 a
sum of Rs.1,55,000/- (Rupees one lac fifty five thousand
only) to the claimants with interest @ 9% p.a. from the
date of filing of application i.e. from 20.04.1990 till
realisation, and proportionate costs.
III. Award be drawn up in tune with the above modification.
IV.
Appeal is accordingly disposed of.
( V. K. JADHAV, J.)
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