Bombay High Court
Surekha Annasaheb @ Anand ... vs Ajay Shriram Jaggi And Anr on 3 March, 2016
Bench: T.V. Nalawade
1 FA 821 of 2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
First Appeal No.821 of 2015
1) Surekha w/o Annasaheb @
Anand Sonawane,
Age 27 years,
Occupation : Household.
2) Maina d/o Annasaheb Sonawane,
Age 12 years,
Occupation : Education.
3) Shiv s/o Annasaheb Sonawane,
Age 10 years,
Occupation : Education.
4) Om s/o Annasaheb Sonawane,
Age 7 years,
Occupation : Education.
5) Kohinoor s/o Annasaheb Sonawane,
Age 5 years,
Occupation : Education.
Appellants 2 to 5 minors
through their mother natural
guardian - appellant No.1.
6) Chandrabha w/o Popat Sonawane,
Age 63 years,
Occupation: Nil.
All R/o Sarjepura,
Near Rangbhavan,
District Ahmednagar. .. Appellants.
Versus
1) Ajay s/o Shriram Jaggi,
Age 45 years,
Occupation: Transport
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2 FA 821 of 2015
R/o P-16, MIDC, Nagapur,
Taluka & District
Ahmednagar.
2) Divisional Manager,
The Oriental Insurance
Co. Ltd. Shivam Chamber,
Opposite of Zopadi Canteen
District Ahmednagar. .. Respondents.
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Shri. V.R. Autade, Advocate, for appellants.
Shri. Uday S. Malte, Advocate, for respondent No.2.
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CORAM: T.V. NALAWADE, J.
DATE : 3rd MARCH 2016
JUDGMENT:
1) The appeal is admitted. Notice after admission,
made returnable forthwith. By consent heard both sides
for final disposal.
2) The appeal is filed by original claimants of
Claim Petition No.186/2007 which was pending before the
Claims Tribunal Ahmednagar. The claimants have
challenged the decision of the Tribunal on the point of
quantum of compensation.
3 FA 821 of 2015
3) Deceased Annasaheb @ Anand Sonawane was
aged about 30 years. He was husband of claimant No.1.
Claimant Nos.2 to 5 are minor issues of claimant No.1
born from the deceased. Claimant No.6 Chandrabhaga is
widowed mother of deceased and she was aged about 58
years at the relevant time.
4)
The accident took pale on 19-2-2007 within the
local jurisdiction of Topkhana Police Station. Crime at CR
No.60/2007 was registered in respect of this accident. It
is the case of the claimants that the deceased was running
an agency and he was taking contracts of repairs and
cleaning of bungalows and from that business he was
making income of Rs.3000/- to 4000/- per month. It is
contended that in addition, he was in the employment of
the Ahmednagar Municipal Corporation as a sweeper and
there he was getting monthly salary of Rs.6,192/-. It is
contended that the monthly income of the deceased was
more than Rs.8,000/- and all the claimants were
dependent for their livelihood on the income of the
deceased. It is contended that the age of the deceased
was around 30 years at the relevant time. The claim
4 FA 821 of 2015
petition was contested by the insurance company by filing
written statement and it denied everything.
5) To substantiate the claim, the widow gave
evidence which is as per the aforesaid contentions. In the
cross-examination of the widow it is brought on the record
that after the death of the husband, the widow was given
appointment on similar post on compassionate ground and
in the year 2011 she was getting monthly salary of
Rs.12,300/-.
6) To prove the salary income of the deceased one
employee of the Corporation of Ahmednagar is examined
and in his evidence the salary bill is proved as Exhibit 24.
It shows that the gross salary of the deceased for the
month of January 2007 was Rs.6,192/-. School record is
produced to show that he was born on 21-5-1972. Thus he
was aged about 37 years on the date of the accident. In
post mortem report, opinion is given that the age of the
deceased was around 35 years. It can be presumed that
the monthly income of the deceased was Rs.6100/-. In
view of the ratio of the case of (2009) 6 SCC 121 (Sarla
5 FA 821 of 2015
Verma v. Delhi Transport Corporation) this Court holds
that in view of the age of the deceased 50% increase in
the salary income needs to be given in view of the future
prospects. Thus, it needs to be presumed that on the date
of the accident, the monthly income was around Rs.9150/-.
1/3rd amount needs to be deducted towards personal
expenses and so there is monthly loss of Rs.6,860/- to the
claimants.
The total loss of dependency comes to
Rs.12,34,800/- (6860 x 12 x 15). This Court holds that
amount of Rs.50,000/- needs to be given under the head of
loss of consortium to the widow and amount of Rs.50,000/-
needs to be given to the minor issues and the mother of
the deceased under the head of loss of love and affection.
Amount of Rs.15,000/- needs to be given under the head of
funeral expenses. Thus, the total amount of compensation
comes to Rs.13,49,800/-. Though the claim was made for
Rs. Ten lakh, calculation made in petition shows that it
was restricted to Rs. Ten lakh and the entitlement was
shown as Rs.19.10 lakh. In any case it is the duty of the
Tribunal to give just compensation. This Court holds that
the judgment and award of the Tribunal needs to be
modified to enhance the compensation. Nothing can be
6 FA 821 of 2015
deducted due to circumstance that widow got
appointment on compassionate ground. In the result
following order is made :-
7) The appeal is allowed. Judgment and award of
the Tribunal is modified to make the total compensation
as of Rs.13,49,800/- (Rupees Thirteen Lakh Forty Nine
Thousand and Eight Hundred only). This amount is
inclusive the amount which must have been paid on the
principle of no fault. Interest at the rate of 9% is awarded
on this amount from the date of petition till realization of
the amount.
8) Disbursement of the amount is to be made as
follows :-
(A) From the total amount of compensation, Rs. One
lakh is awarded to respondent No.6, mother of the
deceased. Interest on this amount also to be paid to her.
The amount is to be given to her by account payee
cheque.
7 FA 821 of 2015
(B) Remaining amount of compensation is to be equally
disbursed amongst claimant Nos.1 to 5. The amount of
claimant No.1 is to be paid to her with interest by account
payee cheque. Remaining amount of claimant Nos.2 to 5
is to be kept in fixed deposit in any nationalized bank as
per the choice of the mother of the issues initially for a
period of three years and thereafter F.D. to be made
renewable till the issues attain majority. The mother of
the issues is to act as guardian of the issues and she will
be entitled to receive quarterly interest on this amount.
Deficit courts fees is to be recovered from the claimants.
Award to be prepared accordingly.
Sd/-
(T.V. NALAWADE, J. )
rsl
