Bombay High Court
Jeevan Gunwantrao Patil And Anr vs Satpal Gyanchand Chaudhary And ... on 1 March, 2016
Bench: T.V. Nalawade
FA No. 2680/2010
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
FIRST APPEAL NO. 2680 OF 2010
1. Jeevan Gunwantrao Patil,
Age 60 years, Occu. Agri.,
R/o. Vishal Housing Society,
Near Krupa Sadan School,
Latur, Tal. & Dist. Latur.
2. Kamal Jeewanrao Patil,
Age 50 years, Occu. household,
R/o. Vishal Housing Society,
Near Krupa Sadan School,
Latur, Tal. & Dist. Latur. ....Appellant.
(Ori. Claimants)
Versus
1. Satpal Gyanchand Chaudhary,
Age Major, Occu. Driver,
R/o. Rishi Store, Chandivali
Farm Sakinaka, Mumbai.
2. Mohosingh Sakpal Chaudhary,
Age Major, Occu. Truck owner,
E-5, Tiwarichawl Mohili Village
Sakinaka Pipeline Andheri (E),
Sakinaka, Mumbai.
3. Bajaj Allianz General Insurance
Co. Ltd., Through its Manager,
Through its Branch Office,
At Latur. ....Respondents.
Mr. Manoj Shinde h/f. S.G. Rudrawar, Advocate for appellants.
Mr. S.G. Chapalgaonkar, Advocate for respondent No. 3.
CORAM : T.V. NALAWADE, J.
DATED : 1st March, 2016.
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FA No. 2680/2010
2
JUDGMENT :
1) The appeal is filed against the judgment and award
of Claim Petition No. 220/2009, which was pending before the
Claims Tribunal, Latur. The claimants have filed the appeal as
they are not satisfied with the quantum of compensation. Both
the sides are heard.
2) The accident took place on 14.8.2008 at about 6.30
p.m. Deceased Deepak was aged about 19 years 4 months and
he was student of B.E. course. He died on the spot in the
accident. The claim was made by the parents of the deceased.
3) It is the case of parents that deceased would have
given support to them during their old age. It is their case that
the deceased had good academic carrier and on the basis of
marks secured by him in 12th standard examination, he had got
admission to engineering course. Under various heads, they had
claimed compensation of Rs. 10,00,000/-.
4) The claim was contested by Insurance Company by
filing written statement.
5) To substantiate the claim, claimant No. 1, father
FA No. 2680/2010
gave evidence, which is as per aforesaid contentions. The record
like passing certificate of 12th standard examination is produced
to show that deceased had secured more than 60% marks.
Bonafide certificate issued by Maharashtra College of
Engineering, Latur is produced to show that admission was given
to the deceased in Engineering College for first year Engineering
course for the year 2007-08.
6)
The Tribunal has presumed that notional income of
the deceased was Rs. 3,000/-. From this amount, the Tribunal
has deducted 50% amount for personal expenses as deceased
was unmarried. The Tribunal has adopted 11 as multiplier for
calculation of loss of dependency. Total amount of Rs. 10,000/- is
given under the head like amount spent on funeral and
conveyance. No compensation is given under any other heads
and the total amount of Rs. 2,08,000/- is awarded as
compensation on the principle of fault.
7) The learned counsel for appellants, original claimants
placed reliance on the cases reported as LAWS (SC)-2015-3-92
[Asha Verman Vs. Maharaj Singh] and 2014 (5) SCJ 513 [V.
Mekala Vs. M. Malathi and Anr.].
FA No. 2680/2010
8) In the cases on which reliance is placed by the
learned counsel for claimants, observations are made with
regard to the presumption of notional income and giving
compensation under different heads like loss of dependency,
loss of love and affection etc. In the present matter, the
deceased had secured more than 64% marks in 12th standard
examination and he was given admission by Engineering College
for B.E. course. In the year 2008, even ordinary labour was
getting income of more than Rs. 3,000/- p.m. The deceased had
the capacity to earn more than ordinary labour. Even if future
prospectus of deceased are ignored, it can be said that the
deceased was in position to earn atleast Rs. 4500/- p.m. 50%
amount can be deducted towards personal expenses. So, there
is monthly loss of Rs. 2250/- to the claimants. In view of the age
of the deceased, 18 can be adopted as multiplier for calculation
of loss of dependency. The total amount comes to Rs. 4,86,000/-
(2250 x 12 x 18). This Court holds that amount of Rs. 50,000/-
can be given to the parents under the head of loss of love and
affection and the amount of Rs. 15,000/- can be given under the
head of amount spent on funeral expenses and conveyance.
Thus, the total amount of Rs. 5,51,000/- needs to be given. The
interest at the rate of 9% p.a. needs to be given as such rate is
given by nationalised banks at the relevant time. The Tribunal
FA No. 2680/2010
has given interest at the rate of 6% p.a. only. In the result,
following order is made.
ORDER
Appeal is allowed. Judgment and award of the
Tribunal is modified to make the compensation Rs. 5,51,000/-
(Rupees five lakh fifty one thousand). Interest at the rate of 9%
p.a. will be payable from the date of petition till the date of
realisation. Amount, if any, already paid is to be deducted from
the amount.
[ T.V. NALAWADE, J. ]
ssc/
