Bombay High Court
The Oriental Insurance Co. Ltd vs Kaushalyabai Dwarkadas Kumkar ... on 26 February, 2016
Bench: T.V. Nalawade
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.37/2007 WITH
CIVIL APPLICATION NO.187/2016
The Oriental Insurance Company Ltd.
Yashodhan 2-13-24 Subhash Road Beed, through
Sr. Divisional Manager, Adalat Road
Aurangabad (Police No.161904/001/31/2003/5413)
Vehicle No. MH-23-C-782
ig .. APPELLANT
[ORGN.RES.NO.3]
VERSUS
1] Kaushalyabai W/o Dwarkadas Kumkar
Age 40 years, Occ-Household
2] Sumit s/o Dwarkadas Kumkar
Age 20 years,
3] Amit s/o Dwarkadas Kumkar
Age 17 years,
4] Ku.Priyanka D/o Dwarkadas Kumkar
Age 14 years, No.3 to 4 are minors under guardianship
of their real mother respondent no.1
All r/o Tembhurni, Tq. Jafrabad, Dist.Jalna
At present at Vidyut Colony, Jalna
5] Smt.Majabai w/o Thakaji Kumkar
Age 73 years, Occ-Nil
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R/o Temburni Tq. Jafrabad. Res.No.1 to 5
Original Claimants
6] Kadir s/o Amir Chous,
Age 33 years, Occ-Driver
: MH-23/C-782, R/o Navapul,
Beed, Dist. Beed.
7] Badiyoddin s/o Rafiyoddin Ansari
Age major, Occ-Business & Owner
MH-23/C-782, R/o Bundelpura, Beed
8] Prakash s/o Marotrao Jadhav
Age 35 years, Occ-Agril
R/o Kachner, Tq. Paithan
Dist.Aurangabad owner of
Metador no.MH-20/W-5208 .. Orig.Resp.No.1,2&4
Respondents No.6 to 8
...
Shri A.S.Deshpande, Advocate for appellant
Shri N.B.Narwade, Advocate for respondent nos.1 to 4.
...
CORAM : T.V.NALAWADE
DATED : 26TH FEBRUARY,2016
JUDGMENT :-
The appeal is filed by insurance company against judgment
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and award of Claim Petition No.45/2003 which was pending before
Motor Accident Claims Tribunal, Parbhani. The appeal is filed mainly
on the ground of quantum of compensation. Both sides are heard.
2] The accident took place on 3/8/2002. The husband of claimant
no.1 died in the accident and it is contended that at the relevant time
he was aged about 45 years. Claimants no.2 to 4 are the minor
issues of the deceased and claimant no.5 is the mother of the
deceased. It is the case of claimants that the deceased was working
as Head Master and his monthly salary was more than Rs.16,948/-. It
is the case of the claimants that they were totally depending for their
livelihood on the income of deceased. They had claimed
compensation of Rs.25 lakhs. The claim was contested by appellant
-insurance company.
3] Before the tribunal, claimants gave oral and documentary
evidence. The oral evidence is as per aforesaid contentions.
Evidence on age is given and the age is mentioned in post mortem
report also. Salary certificate issued by Government Technical High
School, Beed is produced at Exh.40 and it shows that for the month
of June, the gross salary was Rs.16,948/-. Thus, the annual income
of the deceased was atleast Rs.2,03,000/-. The deceased would
have paid income tax at the most of Rs.15,000/- and so there was
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net income of Rs.1,88,000/-. In the family of the deceased there
were three adult members and three minor members. Thus, only
1/4th amount could have been deducted towards personal expenses
of the deceased. If the amount of Rs.47,000/- is deducted for
personal expenses from the aforesaid net income, the annual loss of
dependency comes to Rs.1,41,000/-. The deceased would have
retired from service after completing 58 years and so 13 could have
been safely applied as multiplier for calculation of total loss of
dependency, then the amount comes to more than Rs.18 lakh. The
amount could have been given under the head consortium, loss of
love and affection and for funeral expenses. The Tribunal has
awarded the compensation of Rs.17.62 lakhs. Thus the
compensation awarded is on lower side. There is no possibility of
interference in the decision of the Tribunal.
4] So the Appeal is dismissed. Civil Application stands disposed
of. The amount deposited if any in the Tribunal or in this Court is to
be disbursed as per the award made by the Tribunal.
(T.V.NALAWADE,J.)
umg/
