New India Assurance Co. Ltd vs Vijaykumar Doulatrao Pokharna ...
2021 Latest Caselaw 16554 Bom

                                                          First Appeal No.599/2007
                                          :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                BENCH AT AURANGABAD


                   FIRST APPEAL NO.599 OF 2007 WITH
                   CIVIL APPLICATION NO.4451 OF 2007


 New India Assurance Co. Ltd.                            ... APPELLANT

          VERSUS

 Vijaykumar Doulatro Pokharna,
 Died, through L.Rs.
 Sachin Vijaykumar Pokharna & ors.                       ... RESPONDENTS

                            .......
 Shri Dhananjay Deshpande, Advocate for appellant
 Shri A.D. Hande, Advocate holding for
 Shri A.M. Gaikwad, Advocate for respondents No.1-A to 1-C
                            .......

                                     CORAM :        R. G. AVACHAT, J.
                                     DATE :         30th NOVEMBER, 2021
 ORDER:

This is Insurance Company's appeal, taking

exception to the quantum of compensation of Rs.3,53,000/-,

awarded on account of death in vehicular accident.

2. The claim was filed by the father of deceased

Deepali. A Luxury Bus bearing No.MH-12/UA-2341 was on its

way to Ahmednagar. The deceased Deepali was traveling

therein. The bus hit side wall of the bridge. As a result of the

injury suffered in the said accident, Deepali died same day.

First Appeal No.599/2007 :: 2 ::

Her father, therefore, preferred the claim petition for

compensation.

3. Deepali was 20 years of age. She was said to

have been serving with a medicine shop and grocery shop as

well. Her monthly income was stated to be Rs.2500/-. The

Tribunal, considering the income of the deceased at

Rs.2500/-, deducted one third thereof towards her personal

and living expenses. Applying the multiplier of 17, the

amount of compensation on account of loss of dependency

was worked at Rs.3,53,068/-. A sum of Rs.10,000/- was

awarded towards loss of love and affection plus Rs.3000/- for

funeral expenses.

4. According to learned counsel for the appellant

Insurance Company, the deceased was unemployed. Her

notional income ought not to have been more

thanRs.15,000/- per annum. Since the deceased died

spinster, one half of her notional income ought to have been

deducted towards her personal and living expenses.

According to learned counsel, the amount of compensation

awarded by the Tribunal needs to be scaled down.

5. Considered the submissions made by learned

counsel for the appellant Insurance Company. Perused the

First Appeal No.599/2007 :: 3 ::

evidence in the case. Gone through the impugned judgment

and award. The deceased was 20 years of age. True, since

the claim petition was filed by the father alone, one half of

notional income of the deceased ought to have been deducted

towards her personal and living expenses. The accident dates

back to June 2002.

6. The Apex Court judgments in case 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 the field when the

impugned judgment was passed. Although the claimant has

not filed any appeal for enhancement of compensation, he is

entitled to defend the amount of compensation granted under

the impugned award. Even the submissions made by learned

counsel for the appellant Insurance Company are acceptable,

the Tribunal has not granted anything towards future

prospects. The deceased died young. 40% of her notional

income could have been added towards future prospects.

Moreover, a sum of Rs.40,000/- could have been awarded

towards loss of love and affection besides a sum of

Rs.30,000/- towards funeral expenses and loss of estate. As

such, even we accept the submissions of the learned counsel

First Appeal No.599/2007 :: 4 ::

counsel for the appellant Insurance Company, the amount of

compensation would not be required to be reduced

substantially. In the fitness of things, this Court is not

inclined to interfere with the impugned award.

7. In the result, the appeal fails. It is dismissed.

The amount in deposit be paid to the respondents claimants

along with interest accrued thereon, immediately.

( R. G. AVACHAT ) JUDGE

fmp/-