Gajra Bee Shaikh Kadir And Ors vs M/S. Prakash General Gencies And ...
2021 Latest Caselaw 17071 Bom

                                                                    22-FA-926 of 2007.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                            FIRST APPEAL NO.926 OF 2007

1.      Gajra Bee w/o. Shaikh Kadir
2.      Shaikh Jamil s/o. Sk. Kadir
3.      Shabana d/o. Shaikh Kadir
4.      Julekha d/o. Shaikh Kadir
5.      Sk. Anis s/o. Shaikh Kadir
6.      Shaikh Altaf s/o. Sk. Kadir
7.      Shaikh Hussain s/o. Sk. Daud                             ..Appellants

                         Vs.

1.      M/s. Prakash General Agencies
2.      Sudam s/o. Ramkrishna Nemade
3.      United India Insurance Co. Ltd.                          ..Respondents

                                   ----
Mr.V.D.Patnoorkar, Advocate for appellants
Mr.S.V.Kullarni, Advocate for respondent no.3
                                   ----

                                    CORAM : R.G. AVACHAT, J.

DATE : DECEMBER 08, 2021 ORDER :-

This is an appeal for enhancement of compensation

granted by the Motor Accident Claims Tribunal, Aurangabad, in Motor

Accident Claim Petition No.11 of 1997, on account of death in vehicular

accident. The Tribunal has awarded a sum of Rs.2,02,000/- (inclusive

of no fault liability) with interest at the rate of 12% per annum.

2. Heard learned counsel appearing for the parties.

2 22-FA-926 of 2007

3. Learned counsel for the appellants submits that the

deceased was in milk business. His income was more than

Rs.3,000/- per month. The Tribunal has, however, wrongly

considered it at Rs.1,500/- per month only. Learned counsel also

urged for grant of compensation in terms of the Apex Court's

judgments in the cases of (ii) National Insurance Company Ltd.

Vs. Pranay Sethi and ors., (2017)16 SCC 680; and (iii) Magma

General Insurance Co. Ltd. Vs. Nanu Ram alias Chuhru Ram

and ors., (2018)18 SCC 130.

4. Learned counsel for the respondent-insurance company

would on the other hand submit that a just and reasonable

compensation has been awarded. Interest has been awarded at the

rate of 12% per annum. The same is exorbitant. He, therefore,

urged for dismissal of the appeal.

5. It was a death claim. The deceased was 40 years plus.

The claimants are seven in number. The accident dates back to

1996. The Tribunal, therefore, appears to have rightly considered

the income of the deceased notionally at Rs.1,500/- per month.

However, twenty five percent of the notional income needs to be

3 22-FA-926 of 2007

added on account of future prospects. This way, the monthly income

of the deceased would come to Rs.1,875/-, while the annual income

would be Rs.22,500/-. Since the claimants are seven in number, one

fifth thereof is deducted towards personal and living expenses of the

deceased. As such, the loss of annual dependency would come to

Rs.18,000/-. Considering the age of deceased as 42 years, multiplier

of 14 is applied. This way, the amount of compensation on account

of loss of dependency would come to Rs.2,52,000/-.

6. Moreover, each of the appellants is awarded a sum of

Rs.40,000/- towards loss of love and affection besides Rs.30,000/-

towards loss of estate and funeral expenses, totaling Rs.3,10,000/-

(Rs.2,80,000 + Rs.30,000). No interest pendente lite is awarded on

this amount.

7. Hence, the appeal is partly allowed in the following

terms:-

(i) The amount of compensation is enhanced from Rs.2,02,000/- to Rs.5,62,000/-.

(ii) The rate of interest is scaled down to 5% per annum.

                                        4                             22-FA-926 of 2007



(iii)           No interest pendente lite i.e. from the date of the claim

petition to the date of this order, is granted on the amount of Rs.3,10,000/-.

[R.G. AVACHAT, J.]

KBP