Bombay High Court
Reliance General Insurance ... vs Smt Ranjana Shantaram Kamble And ... on 5 August, 2021
Bench: Nitin W. Sambre
4.74.19 FA.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 74 OF 2019
RELIANCE GENERAL INSURANCE ....APPELLANT
COMPANY LIMITED
V/s.
SMT. RANJANA SHANTARAM KAMBLE .....RESPONDENTS
AND ORS
Ms. Shalini Shankar for the appellant
Mr. Vasant N. More for Respondent nos. 1 to 4
CORAM : NITIN W. SAMBRE, J.
DATE: AUGUST 5, 2021.
P.C.:
1] By consent, present appeal is taken up for fnal disposal.
2] In M.A.C.P. No. 347/2012, learned Motor Accident Claims
Tribunal (Hereinafter referred to as 'Tribunal' for the sake of brevity)
at Raigad-Alibaug vide Award/Judgment dated 06/09/2017 awarded
compensation of Rs. 9,29,750/- with 9% interest.
4.74.19 FA.doc
3] Insurance Company which is saddled with the responsibility to
pay the compensation has approached this Court questioning the
aforesaid Award. Advocate Ms. Shalini Shankar, learned counsel
appearing for the appellant while questioning the amount of
compensation would urge that in absence of proof in regard to the
income of the deceased, the Tribunal committed an error by initially
considering income of Rs. 8,000/- per month and after deduction at
the rate of Rs. 4500/- per month. According to her, but for the
statement of the claimant, there is no iota of evidence to support the
said fndings. That being so, the Tribunal committed an error in
awarding excess compensation. She would suggest that income of the
claimant who was a daily wager would have been at the rate of Rs.
100/- per day.
4] Advocate Shri. Vasant More, learned counsel appearing for the
claimant would oppose the aforesaid contention. According to him,
accident of the vehicle which has resulted into death of deceased
Shantaram Kamble on whom claimant was dependent was insured
with the appellant. He would further claim that even if it is claimed
4.74.19 FA.doc
that monthly income of the deceased was around as Rs. 8,000/- as
daily wager, the Tribunal has considered the same by reducing daily
income to the tune of Rs. 150/- i.e. @ Rs. 4500/- per month.
According to him, the same was rightly formed to be basis for award
of compensation. That being so, appeal lacks merits and is liable to
be dismissed.
5] On the date of fling of the claim, it appears that daughter of
deceased Swati was minor, however, by this time, she has attained
majority.
6] It was the case of the claimant that Shantaram was working as
daily wager and while returning from his duty on 08/10/2012 as a
pillion rider, died in an accident caused by dumper which was
insured with the appellant. It appears that accident was caused while
negotiating the said vehicle in a reverse direction. Said vehicle which
was insured with the appellant passed on the body of the deceased.
Shantaram died on 09/10/2012 because of the injuries suffered in
the accident.
4.74.19 FA.doc
7] In the claim petition, while claiming compensation, reliance is
placed on the status of deceased Shantaram as an employee of
Technova company in the capacity of contract labour. Though it is
claimed that he was getting consolidated monthly wages of Rs.
8,000/-, however, no evidence to that effect was produced on record.
Appellant insurance company vide its objection to the claim petition
at Exh. 25 though denied the negligence on the part of the driver of
the insured vehicle, however, has not examined any witness in
support of their cause of opposing the claim petition to establish the
same.
8] Claimants have produced on record copy of F.I.R. at Exh. 30,
investigation papers at Exh. 31, spot panchanama at Exh. 32, inquest
panchanama at Exh. 33, P.M. report at Exh. 36, death certifcate at
Exh. 34, insurance policy at Exh. 35.
9] The Tribunal thereafter proceeded to record a fnding that
Shantaram died in accident, by the dash given by vehicle which was
4.74.19 FA.doc
insured with the appellant.
10] It is required to be noted that claimant no. 2 Sachin, son of
deceased Shantaram has given an affdavit in support of claim
petition including income. Present appellant were unable to demolish
the case of the claimant by establishing that deceased Shantaram
was earning less than Rs. 150/- per day in the capacity of daily
wager/contract labour.
10] Even though, it is claimed in the petition that deceased
Shantaram was earning an amount of Rs. 8,000/- per month
towards his monthly wages, Tribunal proceeded to disbelieve the
same and awarded compensation based on daily income of
Shantaram @ Rs. 150/- per day. The view expressed by the Tribunal
after considering the daily income of deceased Shantaram @ Rs.
150/- per day appears to be reasonable view as at the relevant time
i.e. on the date of accident, average daily wage income can be inferred
to be around Rs. 150/- per day as on 2012.
4.74.19 FA.doc
11] In the aforesaid background, calculation of the Award of
compensation based on monthly income of Rs. 4500/- per month i.e.
Rs. 150/- per day appears to be quite reasonable.
12] In the aforesaid background, in my opinion, no case for
interference is made out.
13] Appeal as such fails, stands dismissed.
[NITIN W. SAMBRE, J.]
Digitally signed by
IRESH IRESH
SIDDHARAM
SIDDHARAM MASHAL
MASHAL Date: 2021.08.13
15:49:02 +0530
