The New India Assurance Co. Ltd vs Mrs. Asha Chotelal Gupta And Ors
2021 Latest Caselaw 11684 Bom

Dusane                                         1/3     6. FA 1442.14 with CAF 4213.14, IA2405.20.doc


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
                           FIRST APPEAL NO.1442 OF 2014
                                        WITH
                        CIVIL APPLICATION NO. 4213 OF 2014


     The New India Assurance Co. Ltd.                ....    Appellant

             Vs.

     Asha Chhotelal Gupta & Ors.                     ....      Respondents

                                         WITH
                          INTERIM APPLICATION NO. 2405 OF 2020

     Asha Chhotelal Gupta & Anr                         .... Applicants

             Vs.

     The New India Assurance Co. Ltd. & Anr..... Respondents

     Mr. Shrikant M. Dange for Appellant in FA/CAF.
     Mr. Yogesh Pande for Respondent Nos. 1 and 2 and for Applicants in IA.


                                         Coram : NITIN W. SAMBRE, J.

Date : 24th AUGUST, 2021 P.C.:

1. Heard Mr. Dange, learned counsel appearing for the

Appellant- Insurance Company at length.

2. Deceased-Shivkumar at the relevant time was studying in 3 rd

Year of Bachelor of Computer Application (B.C.A.) and on the day of

accident, his age was 20 years.

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3. Tribunal, in view of resistance shown, applied multiplier of 18

and proceeded to award compensation considering the monthly income of

deceased at Rs.3750/-.

4. Shri, Dange submits that in view of law laid down by the Apex

Court in the matter of Amrit Bhanu Shali and Ors., Vs. National Insurance

Co. Ltd., reported in (2012) A.C.J., page 2002, which is referred to in the

judgment impugned, the multiplier should have been based on the age of

parents/claimants. According to him, Schedule II to the Motor Vehicles

Act provides for notional income, which in any case should not have been

Rs.3750/- per month.

5. When confronted on the position of law, in response to the

Court's query, he submits that both these issues are overruled and

answered in favour of the claimant, as the multiplier has to be based on

the age of deceased and income can be calculated based on educational

qualification of the deceased in case of student.

6. In the aforesaid background, learned counsel for the Appellant

seeks time till 1st September, 2021, by way of last chance., so as to make

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statement on withdrawal/ settlement. As such, the matter is accordingly

adjourned to 1st September 2021, by way of last chance.

( NITIN W. SAMBRE, J.)