M/S Naktional Inskurance Co.Ltd vs Chotibai Badshah Kjhawaldas
2017 Latest Caselaw 1898 Bom

                                  1                 fa 248.2002 +ca.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                     FIRST APPEAL NO. 248 OF 2002
                                WITH 
                     CA/1467/1992 IN FA/248/2002 
                                WITH 
                     CA/4269/1992 IN FA/248/2002 
                                WITH 
                     CA/757/1993 IN FA/248/2002 

             M/S NATIONAL INSKURANCE CO.LTD.
             3, Middle ston Street, Calcutta,
             700 071 (Regd Office) and Divisional
             Office at Hazari Chambers, Station Road,
             Aurangabad 431 005.
             And Branch Office at Naginghat Road,
             Nanded, Through its Divisional Manager.
                                              appellant/orig
                                              respondent.

             VERSUS

     1.      Chotibai w/o Badshah Hawaldar,
             age about 43 yrs, Occ. Household,
             R/o. Kurunda, Tq. Basmat Dist.
             Parbhani.                                   Resp No.1.

     2.      Harbansingh Sardar s/o Pyarasingh
             Kalsi, aged about 40 yrs, Occ. Driver,
             R/o Near Multipurpose High School,
             Vazirabad, Nanded - 431 601.

     3.      Dagdu s/o Tukaram Narwade,
             age 30 yrs, Occ. Cleaner,
             Tq. Ahmedpur, Dist. Latur.

     4.      Smt. Inderjeet Kaur w/o Harbansingh
             adult, Occ. Business, r/o Near 
             Shivaji High School, Vazirabad,
             Nanded.                         .Orig resp No.
                                             1 to 3.




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                               ...
           Advocate for Appellant : Mr V N Upadhye 
           Advocate for Respondents : Mr A B Kale 
                               ...
                  CORAM : V.K. JADHAV, J.
                     Dated: April 20, 2017
                               ...
     ORAL JUDGMENT :-

     1.      Being aggrieved by the judgment and order passed 

     by   the   Member,   Motor   accident   Claims   Tribunal, 

     Parbhani   dated   9.3.1992,   in   MACP   No.40/1987,   the 

     original respondent-insurer has preferred this appeal to 

     the extent of quantum.



     2.      Learned counsel for the appellant-insurer submits 

     that   admittedly   deceased   Mukhtar   was   earning 

     Rs.360/-   p.m.   and   he   was   a   unmarried   son   and   as 

     such, half of the amount was required to be deducted 

     towards his personal and living expenses, however, the 

     Tribunal   has   not   deducted   any   amount   towards   his 

     personal   and   living   expenses.     Further,   The   Tribunal 

     has not applied multiplier method for calculation of the 

     compensation and awarded lumpsum compensation as 

     claimed by the claimants.



     3.      The   learned   counsel   for   respondents-claimants 




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     submits   that   the   Tribunal   has   awarded   just   and 

     reasonable compensation.  No interference is required.  



     4.      On   perusal   of   the   evidence   and   judgment   and 

     Awrad passed by the Tribunal, it appears that, deceased 

     Mukhtar was earning Rs.360/- per month and he was 

     an   unmarried   son.     There   was   no   reason   for   the 

     Tribunal to make departure from the multiplier method 

     and award the lumpsum compensation in death claim. 

     It   further   appears   that   the   tribunal   has   awarded 

     compensation   of   Rs.1,30,200/-   as   a   lumpsum 

     compensation.     Considering   the     young   age   of   the 

     deceased Mukhtar and fact that he was the only son, it 

     would be just and proper by applying relevant multiplier 

     in consonance with the age of the respondent-claimant 

     and further the award of compensation under such non 

     pecuniary   heads,   it   would   be   just   and   proper   if   the 

     compensation  is  awarded  to  the  tune  of  Rs.1,00,000/- 

     (Rs one lac) inclusive of the interest as awarded by the 

     Tribunal   from   the   date   of   the   application   till   the 

     realization   of   the   entire   amount.   The   impugned 

     judgment and award thus requires modification.  Hence, 




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     following order.

                                 O R D E R 

I] Appeal is hereby partly allowed. No costs.

Ii] The judgment and award passed by the Member, Motor Accident Claims Tribunal, Parbhani, dated 9.3.1992 is hereby modified in the following manner :-

a] The respondents no. 1 to 4 are jointly and severally liable to pay the compensation of Rs.1.00 lac (Rs. One lac) inclusive of the amount if any granted under section 140 of the Motor Vehicles Act and also inclusive of the interest for the period from the date of application till realization of the amount.

Iii] Rest of the judgment and award stands confirmed.

Iv] Modified award be drawn up accordingly.

V] Needless to say that, if any amount is paid as per the judgment and award passed by the Tribunal, the same shall be the part of the modified award and the amount in excess, if any, deposited before the tribunal, the same shall be refunded to the appellant insurer.

Vi] Appeal is accordingly disposed of. Pending civil applications stand disposed of.

                                               ( V.K. JADHAV, J. )
     aaa/-                                ....