Bombay High Court
Gayabai Ram Jadhav And Ors vs Rinku Commercial Carrier Pvt Ltd on 20 December, 2021
Bench: R. G. Avachat
First Appeal No.1693/2011
:: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1693 OF 2011
Gayabai w/o Ram 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 for enhancement of
compensation granted by the Motor Accident Claims Tribunal,
Parbhani on account of death in a vehicular accident. The
deceased was 18 year old child. The claim was filed by his
mother and siblings. The Tribunal, considering the notional
income of the deceased at Rs.15,000/- per annum, has
granted the compensation. It appears that, nothing has been
awarded towards future prospects. A meagre sum has been
First Appeal No.1693/2011
:: 2 ::
granted under conventional heads.
2. Learned counsel for the respondent Insurance
Company would submit that, a just and reasonable
compensation has been awarded by the Tribunal and as such,
there is no reason to interfere therewith.
3. Learned counsel for the claimants would, on the
other hand, submit that, the compensation may be awarded
in terms of the Apex Court judgment 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 ].
4. Considered the submissions advanced. Perused
the impugned judgment and award. In view of this Court,
since the deceased was a grown-up child of 18 years, his
notional income has to be considered at Rs.2500/- per month.
The compensation in terms of the aforesaid two judgments is
required to be granted. As such, the amount of compensation
to which the appellants are entitled to, is worked out as
under:
First Appeal No.1693/2011
:: 3 ::
5. The notional income of the deceased is considered
at Rs.30,000/- per year. 40% is added towards future
prospects. As such, the total yearly income of the deceased
comes to Rs.42,000/-. Since the deceased died bachelor, 1/2
of the income is deducted towards his personal and living
expenses. This way, the total annual dependency comes to
Rs.21,000/-. Considering the age of the deceased of 18
years, multiplier of 18 is applied. Applying the multiplier of
18, the amount of compensation on account of loss of
dependency comes to Rs.3,78,000/-. In addition to above,
each of the claimant is awarded Rs.40,000/- on account of
loss of love and affection. Besides, Rs.30,000/- is granted
towards loss of estate and funeral expenses. Thus, the total
amount of compensation comes to Rs.3,78,000/- +
Rs.1,20,000 + Rs.30,000/- = Rs.5,28,000/-. However, the
amount of Rs.1,50,000/- 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.
First Appeal No.1693/2011
:: 4 ::
(ii) The amount of compensation of Rs.1,64,500/- is
enhanced to Rs.5,28,000/-. However, the amount of
Rs.1,50,000/- shall not carry interest pendent lite i.e.
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/-
