Oriental Insurance Co. Ltd., ... vs Smt. Yogita Wd/O Khemraj Chilhate ...
2021 Latest Caselaw 12195 Bom

                                    1               311. FA.1727-2019 JUDGMENT.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH : NAGPUR

                        FIRST APPEAL NO. 1727 OF 2019

         Oriental Insurance Co. Ltd., Regional
         Office, S.K. Tower, Nelson square,
         Chhindwara Road Nagpur, through its
         Regional Manager.                     .. APPELLANT

                ...Versus...

    1. Smt. Yogita wd/o Khemraj Chilhate,
       Aged about 46 yrs. Occ. Nil.

    2. Ku. Priyanka d/o Khemraj Chilhate,
       Aged about 21 yrs, Occ. Student.

    3. Master Tarul s/o Khemraj Chilhate,
       Aged 15 yrs, Occ. Student.

         Through Respondent No.1            being
         mother and natural guardian,

         All 1 to 3 R/o Plot No. 19, Pathan
         Layout, Sambhaji Nagar, Ring Road,
         Nagpur.

    4. Ghanshyam s/o Ajabrao Patile,
       aged about 29 yrs, Occ. Business
       (previous owner of vehicle)
       R/o Pimpallkhuta, Tahsil Morshi.

    5. Deep V. Ganjoo,
       Aged major, Occ. present owner of
       vehicle,
       R/o Gymkhana Road, Borivali, West
       Mumbai.




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    6. Smt. Nirmala Laxmanrao Chilhate,
       Aged major, Occ. Housewife.

    7. Laxman Baburao Chilhate,
       Aged major, Occ. Retired.
         Both 6 & 7, R/o plot No. 19, Pathan
         Layout, Sambhaji Nagar, Ring Road,
         Nagpur 440 022.                     .. RESPONDENTS


 -----------------------------------------------
 Shri A.M. Quazi, Advocate with Ms. S. Tapdiya, Advocate for the
 Appellant.
 Shri Atul Mahajan, Advocate for Respondent Nos. 1 to 3.
 Shri Chintan U. Deopujari, Advocate for Respondent Nos. 6 & 7.
 -----------------------------------------------


                               CORAM : PUSHPA V. GANEDIWALA, J.
                               DATED    : 31st AUGUST, 2021.

  ORAL JUDGMENT :-


                   Heard.


 2.                The appellant Insurance Company being aggrieved

 and dissatisfied with the judgment and award dated 27.03.2018

 in Claim Petition No. 1481/2015 decided by the Member Motor

 Accident         Claims         Tribunal-1,   Nagpur     thereby           granting

 compensation of Rs.74,90,210/- alongwith interest @ Rs.7.5%

 per annum holding the appellant jointly and severally liable

 with the respondent Nos. 4 & 5, the appellant prefers the


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                                     3              311. FA.1727-2019 JUDGMENT.odt




 present appeal.


 3.                Shri A.M. Quazi, the learned counsel appearing for

 the appellant Insurance Company, Shri Atul Mahajan, the

 learned counsel appearing for the respondent Nos. 1 to 3 and

 Shri C.U. Deopujari, the learned counsel for the respondent

 Nos. 6 & 7, jointly submit that the main grievance in the present

 appeal is with regard to the travelling allowance of Rs.600/- per

 month which has been included in the income as a part of the

 salary. It is submitted that the learned Tribunal ought to have

 deducted the same amount from the salary of the deceased.


 4.                Shri Mahajan & Shri Deopujari, the learned counsel

 appearing for the respondent Nos. 1 to 3 and respondent Nos. 6

 & 7, submit that the respondents are ready to waive the

 aforesaid compensation towards travelling allowance which was

 included in the salary of the deceased. The fresh calculations

 are submitted by the parties by deducting the amount of

 Rs.600/- per month from the salary of the deceased which

 comes to Rs.73,91,932/-


 5.                Perusal of the appeal memo does not reflect that



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                                          4                  311. FA.1727-2019 JUDGMENT.odt




 apart from the above grievance of the appellant there is any

 other grievance with regard to the impugned judgment and

 award and therefore the impugned judgment and award needs

 modification to the above extent. Accordingly the appeal needs

 to be partly allowed and hence, I pass the following order.



                                      ORDER

(1) The Appeal is partly allowed.

(2) The appellant Insurance Company alongwith respondent Nos. 4 and 5 shall jointly and severally

compensation amount of Rs.73,91,932/- alongwith interest @ Rs.7.5% per annum from the date of application till realization which includes compensation to NFL.

(3) Out of the aforesaid amount respondent No. 6 i.e. Smt. Nirmala Laxmanrao Chilhate & respondent No. 7 are entitled to receive 20% and respondent No.1 Smt. Yogita wd/o Khemraj Chilhate, respondent No.2 Ku. Priyanka d/o Khemraj Chilhate and respondent No.3 Master Tarul s/o Khemraj Chilhate are entitled to receive remaining 80% of the aforesaid amount alongwith proportionate interest accrued thereon.

5 311. FA.1727-2019 JUDGMENT.odt

(4) The appellant Insurance Company to deposit the balance decretal amount in terms of the above order within a period of 12 weeks. Thereafter the claimants respondent Nos. 1 to 3, 6 & 7 are permitted to withdraw the same in terms of the above order.

6. The Appeal stands disposed of with no order as to

costs.

JUDGE

S.D.Bhimte