The New India Assurance Co. Ltd. ... vs Tejrao S/O Jagdeo Nawalkar & Anor
2016 Latest Caselaw 802 Bom

     fa727.09.J.odt                                                                                                                 1/3




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                
                               NAGPUR BENCH, NAGPUR




                                                                                 
                                        FIRST APPEAL NO.727 OF 2009


                The New India Assurance Co. Ltd.,
                Branch at Yavatmal, District Yavatmal,




                                                                                
                through the Divisional Manager,
                Dr. Ambedkar Bhavan, 4th Floor,
                MECL Building, Seminary Hills, Nagpur.                                       ....... PETITIONER




                                                             
                                                 ...V E R S U S...


     1]
                                   
                Tejrao s/o Jagdeo Nawalkar,
                Aged about 30 years, Occ: Nil,
                                  
                R/o Khadki (Chandur),
                Post Gandhinagar, Akola,
                Tq. & Dist. Akola.
      

     2]       Smt. Maya w/o Vilas Khadse,
              Aged adult, Occ: Owner of Truck,
   



              R/o Byepass Road Amravati,
              Tq. & Dist. Amravati.                                       ....... RESPONDENTS
     ----------------------------------------------------------------------------------------------------
              Shri S.S. Sanyal, Advocate for Appellant.





              Shri S.D. Chopde, Advocate for Respondent No.1.
     ----------------------------------------------------------------------------------------------------

                           CORAM:  R.K. DESHPANDE, J. 

                                          st    MARCH, 2016.
                           DATE:      21





     ORAL JUDGMENT


     1]                    In Motor Accident Claim Petition No.170 of 2005, the Motor

Accident Claims Tribunal has awarded compensation of Rs.6,50,000/-

along with interest at the rate of 7% per annum from the date of the

petition till its realization by its Award dated 22.07.2008. The Insurance

fa727.09.J.odt 2/3

Company has preferred this appeal.

2] Only two points are raised by the learned counsel appearing

for the appellant; - (i) that the income of the deceased should not have

been taken to Rs.3000/- per month, and (ii) the Court should have

deducted an amount to the extent of 1/3rd towards personal expenses of

the claimant. No other point is raised.

3]

The claimant was a driver and claimed that he was earning

salary of Rs.5000/- at the time of his accident, which occurred on

30.04.2005. The Tribunal has not believed the income, but has taken

into consideration the notional income of the claimant at Rs.3000/- per

month. Though, the Exhibit 60, the certificate of permanent disability

shows the disability to the extent of 75%, since the claimant was

working as a driver, the imputation of leg would result in 100%

disability. The notional income of Rs.3000/- per month cannot be said to

be unjustified, and the claim for deduction of 1/3rd expenses is

admissible only in the cases of death, and not in the cases of injury.

Hence, on both these counts the appellant cannot succeed, and no fault

can be found with the view taken by the Tribunal.

4] In the result, the appeal is dismissed. No order as to costs.

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      5]                    The appellant has deposited the amount, the same shall be




                                                                                                                 

permitted to be withdrawn by the claimant along with the interest, if

any, accrued thereon.

JUDGE

NSN