Nagrabai Vithal Jadhav And Ors vs M/S Rinku Commercial Carrier Pvt ...
2021 Latest Caselaw 17648 Bom

                                                     First Appeal No.1659/2011

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           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                       FIRST APPEAL NO.1659 OF 2011


 Nagrabai w/o Vithal Jadhav & ors.                   ... APPELLANTS

          VERSUS

 M/s Rinku Commercial Carrier Pvt. Ltd.
 and others                                          ... RESPONDENTS

                                .......
 Mr.   Sachin S. Deshmukh, Advocate for appellants
 Mr.   Swapnil M. Mule, Advocate holding for
 Mr.   R.V. Gore, Advocate for respondent No.2.
 Mr.   M.M. Ambhore, Advocate for respondent No.3.
 Mr.   V.N. Upadhye, Advocate for respondent No.5.
                                .......

                                  CORAM :       R. G. AVACHAT, J.
                                  DATE :        20th DECEMBER, 2021
 ORDER:

This is an appeal filed by the original claimants for

enhancement of compensation. The claim has been preferred

by the widow, mother and two children of the deceased.

When the impugned award was passed, the Apex Court

judgments in cases of National Insurance Company Limited

Vs. Pranay Sethi and others [ (2017) 16 SCC 680 ] and

MAGMA General Insurance Company Limited Vs. Nanu Ram

Alias Chuhru Ram & ors. [ (2018) 18 SCC 130 ] were not in

First Appeal No.1659/2011

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the field.

2. Since the appeal is continuation of the original

claim petition, the same needs to be governed in terms of the

directions of the Apex Court in the aforesaid judgments.

3. Learned counsel for the respondent Insurance

Company would submit that, just and reasonable

compensation has been awarded and as such, interference

with the impugned award is unwarranted.

4. Considered the submissions advanced by learned

counsel for the parties. In view of this Court, the amount of

compensation needs to be worked out in terms of the

directions of the Apex Court in the aforesaid two judgments.

5. The evidence indicates that, the deceased died at

the age of 50. He was a labourer. The Tribunal has,

therefore, rightly considered his notional income at Rs.3000/-.

Thus, the annual income of the deceased would be

Rs.36,000/-. 25% is added towards future prospects. Thus,

the total yearly income of the deceased comes to Rs.45,000/-

per year. 1/4th thereof is deducted towards personal and

First Appeal No.1659/2011

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living expenses of the deceased. This way the total loss of

dependency per year comes to Rs.33,750/-. Considering the

age of the deceased to be 50 years, multiplier of 13 is

applied. As such, the amount of compensation comes to

Rs.4,38,750/-. In addition to the above, Rs.40,000/- each is

awarded towards loss of love and affection. Besides,

Rs.30,000/- is awarded towards funeral expenses and loss of

estate. As such, the total amount of compensation comes to

Rs.4,38,750/- + Rs.1,60,000/- + Rs.30,000/-. As such, the

compensation of Rs.2,44,500/- is enhanced to Rs.6,28,750/-.

However the amount of Rs.1,90,000/- shall not carry interest

pendent lite i.e. from the date of claim petition till the date of

this order.

6. In the result, the appeal partly succeeds in terms

of the following order :

ORDER

(i) The appeal is partly allowed.

(ii) The amount of compensation of Rs.2,44,500/- is

enhanced to Rs.6,28,750/-. However, the amount of

Rs.1,90,000/- shall not carry interest pendent lite i.e.

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from the date of claim petition till the date of this

order.

(iii) Rest of the terms of impugned award to stand

unchanged.

( R. G. AVACHAT ) JUDGE

fmp/-