Bombay High Court
Divisional Controller M S R T C ... vs Kadubaji Nathaji Bedre And Ors on 17 November, 2021
Bench: R. G. Avachat
FA-735-2003.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 735 OF 2003
The Divisional Controller,
Maharashtra State Road Transport
Corporation, Division - Aurangabad,
District Aurangabad ... Appellant
[Ori.Respondent No.1]
Versus
1. Kadubaji s/o Nathaji Bedre
Age-35 years, Occu. Labour,
R/o. Samtanagar, Aurangabad
2. Indubai w/o Kadubaji Bedre,
Age-30 years, Occu. Household,
R/o above [Ori. Claimant No.1 & 2]
3. Pandurang Narayan Kadam
Age-Major, Occu-Driver,
R/o Kada, Taluka - Ashti, [Ori. Respdt.No.2]
District - Beed ... Respondents
....
Smt. Ranjana D. Reddy, Advocate for appellant
Mr. D. R. Markad, Advocate h/f Mr. N. K. Kakade, Advocate for
respondent No.3
....
CORAM : R. G. AVACHAT, J.
DATED : 17th NOVEMBER, 2021
PER COURT :-
. The challenge in this appeal is to the judgment and
award dated 04.02.2003, passed by the Member, Motor Accident
Claims Tribunal, Aurangabad in Motor Accident Claim Petition No.22
1 of 4
(( 2 )) FA-735-2003
of 1999, granting compensation of Rs. 1,62,000/- (inclusive of N.F.L.
amount) with interest @ 9% p.a. on account of death occurred in
vehicular accident.
2. The claim petition was filed by the parents of the
deceased Namdeo. It so happened, the deceased Namdeo, a 12 years
boy was riding bicycle. He was knocked down by the bus belonging
to the Maharashtra State Road Transport Corporation (MSRTC). As a
result of injuries suffered in the accident, Namdeo breathed his last
on the day of the accident itself i.e. on 14.11.1998. His parents
therefore preferred the petition for compensation. Since the
deceased was a school boy, the Tribunal considered his income
notionally at Rs.15,000/- per annum. After deducting 1/3 rd thereof
towards his personal and living expenses, annual loss of dependency
is worked out at Rs.10,000/- and applying the multiplier of 15, the
amount of compensation has been awarded.
3. The appellant - MSRTC finding the amount of
compensation awarded by the Tribunal to be excessive, preferred the
present appeal. It has also come with a case of contributory
negligence as well.
2 of 4
(( 3 )) FA-735-2003
4. Learned Advocate for the appellant - MSRTC would
submit that the deceased was a school boy. The Tribunal, therefore,
ought not to have considered his income notionally at Rs.15,000/-
p.a. She would further submit that the deceased was crossing the
road and as such, contributed to the accident and his resultant
death. She, therefore, urged for allowing the appeal.
5. Considered the submissions made by the learned
Advocate for the appellant - MSRTC. Perused the impugned
judgment and award. Also gone through the evidence produced
before the Tribunal. On due investigation, the Bus Driver has been
proceeded against by filing charge-sheet. The Bus Driver did not
examine himself before the Tribunal. The panchanama of the scene
of the accident does not indicate it to be a case of contributory
negligence. On the question of quantum is concerned, it is to be
stated that the deceased was the only child of the respondents-
claimants. The amount of compensation of Rs.1,62,000/- inclusive of
N.F.L. amount is not found to be on higher side in the facts and
circumstances of the case.
3 of 4
(( 4 )) FA-735-2003
6. As such, no interference is warranted with the impugned
judgment and award. In the result, appeal fails. The same is
dismissed.
7. The amount in deposit, be immediately paid to the
respondents - claimants along with interest accrued thereon.
8. The Registrar (Judicial) of this Court is requested to do
the needful for disbursement of the amount of compensation in
deposit with this Court.
[ R. G. AVACHAT, J. ]
SMS
4 of 4
