New India Assurance Co. Ltd vs Sonali Ramdad Shirsath And Ors
2021 Latest Caselaw 10841 Bom

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             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                           FIRST APPEAL NO.2535 OF 2016

 New India Assurance Company Ltd.
 A Company registered under the
 Companies Act & a subsidiary of
 General Insurance Company of India Ltd.
 Having one of its Divisional Office at
 Adalat road, Aurangabad
 through its authorized signatory                      ... Appellant
                                                       (Orig. R.No.2)

          Versus


 1.       Sonali Ramdas Shirsath
          Age 22 yrs, Occ. Household
          r/o Babhulkheda, Tk. Newasa
          Dist. Ahemadnagar

 2.       Ravi Ramdas Shirsath
          Age 5 yrs, u/g R.No.1

 3.       Gauri Ramdas Shirsath,
          Age 3 yrs, u/g R.No.1

 4.       Ashok Laxman Shirsath,
          Age 55 yrs, Occ. Labourer
          r/o as above

 5.       Mirabai Ashok Shirsath
          Age 50 yrs, occ. Household
          r/o as above

 6.       Avi Ramdas Shirsath
          Age 11 yrs, u/g R.No.1




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 7.       Amol Chandrakant Bankar
          Age major, occ. Agriculture
          r/o 457, Karande Vasti
          AP Dehere Tk. Dist. Ahemadnagar

 8.       Suryabhan Bhausaheb Jadhav
          Age major, occ. Driver
          r/o Shingave Tukai
          Tk. & Dist. Ahemadnagar                            ... Respondents
                                                       (R.Nos. 1 - 6:Org.clmt
                                                 R.No. 7 - 8: Org. R.Nos. 1 - 2)

                                  ....
 Mr. A. B. Kadethankar, Advocate for appellant
 Mr. R. B. Deshpande, Advocate for respondent Nos. 1 to 6
                                  ....

                                         CORAM : R. G. AVACHAT, J.

DATED : 11th AUGUST, 2021

O R D E R :-

. The appellant - New India Assurance Company Limited

has preferred this appeal, challenging the judgment and award dated

29.01.2016 passed by the Member, Motor Accident Claims Tribunal

(M.A.C.T.) in Motor Accident Claim Petition (M.A.C.P.) No. 431 of

2014.

2. The deceased - Ramdas died in the accident involving

motor vehicles on 25.03.2014. It was a tempo bearing

No.MH-04/CA-3897, proceeding from Rahuri towards Ahmednagar.

It was driven in rash and negligent manner. Since driver of the

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tempo lost his control, it turtled. The deceased was travelling in the

said ill-fated tempo. As a result of the injuries suffered in the said

accident, he succumbed thereto. His widow, three minor children

and parents, therefore preferred M.A.C.P., for compensation.

3. The deceased was serving as a cleaner with ill-fated

tempo. Since there was no cogent evidence regarding income of the

deceased, the Tribunal considered it notionally at Rs.4,000/- per

month. This way, the annual income of the deceased come to

Rs.48,000/-. Considering the number of dependents being six, the

Tribunal deducted 1/4th of the annual income of the deceased

towards expenditure which he would have incurred for self, had he

been alive. The Tribunal awarded a sum of Rs.8,62,000/- towards

compensation with 6% interest thereon from the date of the petition

to the date of realization of the amount.

4. The learned Advocate for the appellant - Insurance

Company would submit that there was no cogent evidence regarding

monthly income of the deceased. A sum of Rs.4,000/- per month

considered by the Tribunal as notional income, was on higher side.

The fitness certificate of the vehicle was expired before it met with

the accident. As such, it was a breach of terms and conditions of the

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policy of the insurance. The Tribunal, therefore, ought not to have

passed the direction to pay first and then recover the amount of

compensation from the original respondent Nos. 1 and 2. He,

therefore, urged for exonerating the appellant - Insurance Company

from liability to pay compensation.

5. Learned Advocate for the respondents - claimants

supports the impugned award. Nothing had been urged for

enhancement of compensation.

6. Considered the rival submissions. Perused the impugned

award and gone through the relevant evidence to find the Tribunal

to have passed the impugned award with reasons, which call for no

interference.

7. In the result, the appeal fails. The Appeal is therefore

dismissed.

8. Pending civil application No.1543 of 2020 is disposed of.

9. The amount of compensation in deposit with this Court

be paid to the claimants - respondents with interest accrued thereon,

immediately.

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10. The amount payable to minors be kept in fixed deposit

until they attain the age of majority.

[ R. G. AVACHAT, J. ]

SMS

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