Kusum Dilip Madhe And Ors vs Balasaheb Pandurang Shinde And ...
2021 Latest Caselaw 17649 Bom

                                                         First Appeal No.1153/2013
                                          :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                       FIRST APPEAL NO.1153 OF 2013


 Kusum w/o Dilip Madhe & ors.                            ... APPELLANTS

          VERSUS

 Balasaheb s/o Pandurang Shinde & anr. ... RESPONDENTS

                             .......
 Mr. H.U. Dhage, Advocate for appellants
 Mr. Umakant Wagh, Advocate for respondent No.1.
                             .......

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

This is an appeal for enhancement of

compensation granted by the Tribunal on account of death in

a vehicular accident. The original claimants are in appeal.

Learned counsel for the appellants would submit that, the

deceased was in road building business. His monthly income

was Rs.6000/-. He died young, at the age of 25. Nothing has

been awarded towards future prospects. A very meagre

amount has been given under conventional heads. He,

therefore, urged for enhancement of compensation

considering the income of the deceased notionally at

Rs.6000/-.

First Appeal No.1153/2013 :: 2 ::

2. Learned counsel for the respondent No.2

Insurance Company would, on the other hand, submit that,

there is no evidence about income of the deceased and even

his nature of business. According to him, the Tribunal has

rightly considered his income at Rs.3000/-. He would further

submit that, the amount under the impugned award is just

and reasonable, warranting no interference therewith.

3. Considered the submissions advanced. Perused

the impugned judgment. True, there is no evidence about the

income of the deceased. The fact is, however, that, the

accident took place in 2007. This Court is, therefore, inclined

to consider his notional income at Rs.3500/- per month. As

such, annual income of the deceased comes to Rs.42,000/-.

40% is added towards future prospects. As such, the total

annual income of the deceased comes to Rs.58,800/-. Since

the claimants are 5 in number, one fourth thereof is deducted

towards personal and living expenses of the deceased. This

way, the total annual dependency comes to Rs.44,100/-.

Considering the age of the deceased to be 25 when he

breathed his last, multiplier of 18 is applied. Applying the

multiplier of 18, the amount of compensation comes to

Rs.7,93,800/-.

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4. In addition to the above, each of the applicants

are granted Rs.40,000/- towards loss of love and affection.

Besides, a sum of Rs.30,000/- is awarded towards funeral

expenses and loss of estate. Thus, the total amount of

compensation comes to Rs.10,23,800/- (7,93,800 +

2,30,000). However, the amount of Rs.2,30,000/- shall not

carry interest pendent lite i.e. from the date of filing petition

till the date of this order.

5. As such, the appeal partly succeeds. Hence the

following order :

ORDER

(i) The appeal is partly allowed.

(ii) The Amount of compensation is enhanced from

Rs.5,00,000/- to Rs.10,23,800/-

(iii) However, the amount of Rs.2,30,000/- shall not carry

interest pendent lite i.e. from the date of filing petition till

the date of this order.

(iv) Rest of the terms of the impugned award stand

unchanged.

( R. G. AVACHAT ) JUDGE

fmp/-