Bombay High Court
Haribhau Pandhuji Bangar And Ors vs Surendra Bilu Yadav And Ors on 4 October, 2021
Bench: R. G. Avachat
FA-150-2002.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.150 OF 2002
1. Haribhau Panduji Bangar,
Age ___ years, Occ. Agri.,
r/o. Hingoli, Tq. and Dist. Hingoli
died through L.Rs.
2. Muktabai w/o. Haribhau Bangar,
Age : 47 years, Occ. Household,
r/o. As above
3. Subhash Haribhau Bangar,
Age : 19 years, Occ. Student,
r/o. As above
4. Anil Haribhau Bangar,
Age : 18 years,
Occ. and r/o. As above ..Appellants
Vs.
1. Surendra Bilu Yadav,
Age : 25 years, Occ. Driver,
r/o. Panchmahal, Hajaribag
(Bihar), Now c/o. S.C.Sharma
Tad Pangri, Tq. and Dist. Parbhani
2. Surendra Chunilal Sharma,
Age : 35 years, Occ. Business,
r/o. Tad Pangri, Tq. and Dist. Parbhani
3. The Oriental Insurance Co. Ltd.,
Daulat Building, Shivaji Road,
Parbhani .. Respondents
::: Uploaded on - 14/10/2021 ::: Downloaded on - 16/10/2021 05:01:01 :::
2 FA-150-2002
Mr.B.S.Kudale, Advocate for appellants
Mr.A.S.Deshmukh, Advocate for respondent no.2
Mr.A.S.Deshpande and Mr.A.A.Puranik, Advocate for respondent no.3
--
CORAM : R.G. AVACHAT, J.
DATE : OCTOBER 04, 2021
JUDGMENT :-
This appeal has been filed for enhancement of
compensation granted by the Motor Accident Claims Tribunal,
Hingoli ("the Tribunal", for short) vide its judgment and award
dated 27.02.2001 passed in Motor Accident Claim Petition
No.38 of 2000.
2. The appellants herein are legal representatives of
the deceased. Vide the impugned judgment and award, the
Tribunal awarded compensation of Rs.1,49,400/- with interest
at the rate of 12% per annum on account of death in a
vehicular accident. The appellants herein are legal
representatives of the deceased - Pratap who died as a result
of the injuries suffered in the vehicular accident.
3 FA-150-2002
3. The facts giving to the appeal are as under:-
Deceased - Pratap was serving as a Supervisor with
one Chunnilal Sharma. On 15.08.1996, the deceased was on
his duty. The work of percolation tank was underway.
Excavated soil was being shifted to the site in a truck bearing
registration no.MH-22-663. The truck driver took the truck in
reverse direction unnoticing presence of the deceased - Pratap.
The truck knocked the deceased down and ran over him.
4. The parents and two brothers of the deceased,
therefore, preferred the claim petition for compensation. It
was their case that the deceased would earn Rs.3,000/- per
month as salary plus allowances. He would also supervise
agricultural operations of his own land and earn Rs.3,500/- per
month therefrom. On appreciation of evidence in the matter,
the Tribunal considered the monthly salary of the deceased at
Rs.1,050/- per month (Rs.35 per day). The deceased's annual
income was worked out at Rs.12,600/-. One third thereof was
deducted towards his personal and living expenses and by
4 FA-150-2002
applying multiplier of 16, the Tribunal awarded Rs.1,34,400/-
towards the loss of dependency besides Rs.10,000/- on
account of loss of love and affection and Rs.5,000/- for funeral
expenses.
5. Heard learned counsel appearing for the parties.
6. Learned counsel for the appellant-claimants would
submit that the accident dates back to year 1996. He placed
on record a Government Resolution dated 06.12.1996 issued
under the Minimum Wages Act, 1948, whereunder, the rate of
minimum wages of unskilled labour was Rs,1,300/-, while for
skilled labour, it was Rs.1,500/-. He would submit that the
deceased was Supervisor, meaning thereby, he was a skilled
labour. Learned counsel would further submits that the
claimants need to be awarded compensation in terms of the
Constitution Bench judgment of the Apex Court in the case of
National Insurance Company Ltd. Vs. Pranay Sethi and ors.,
(2017)16 SCC 680.
7. Learned counsel for the respondents-claimants
would, on the other hand, submit that two of the claimants are
5 FA-150-2002
grown up brothers of the deceased. The father of the deceased
was self employed. The family has agricultural land. According
to learned counsel, the amount of compensation awarded by
the Tribunal was just and reasonable in the facts and
circumstances of the case.
8. Pending the appeal, the father of the deceased
passed away. The award passed in his favour was part of his
estate. His legal representative on record has every right to
defend the same. The deceased died while he was on duty as
Supervisor. A truck engaged in shifting of the excavated earth
ran over the deceased. The Tribunal considered his notional
income at Rs.1,050/- per month. The accident dates back to
August, 1996. As per the Government notification dated
06.12.1996, the rate of minimum wages in respect of cities and
towns falling in Zone was as under:-
Class of employees Rate
Skilled - Rs.1500
Semi-skilled - Rs.1400
Un-skilled - Rs.1300
6 FA-150-2002
9. The evidence on record indicates that the deceased
was serving as Supervisor. His nature of job could be termed
as a semiskilled employee. The compensation amount,
therefore, is reworked out. For grant of just compensation, his
monthly income is considered at Rs.1,400/- per month.
Towards future prospects, 40% thereof is added thereto. The
amount, as such, would come to Rs.1,960/- (1400 + 40%).
Since the claim was filed by the parents and two brothers, 1/3 rd
thereof needs to be deducted towards personal and living
expenses of the deceased. Thus, the monthly loss of
dependency comes to Rs.1,307/- and the annual loss of
dependency would be Rs.15,685/- (Rs.1307 x 12 months).
Applying multiplier of 16, the amount would come to
Rs.2,50,944/-. Each of the claimants including the deceased's
father is awarded Rs.40,000/- towards loss of love and
affection, besides a sum of Rs.30,000/- towards loss of estate
and funeral expenses. Thus, the total amount of compensation
comes to Rs.4,40,944/- (Rs.2,50,944 + Rs.1,60,000 +
Rs.30,000).
7 FA-150-2002
10. The Tribunal has awarded interest at an exorbitant
rate. The same, therefore, needs to be scaled down to 7% per
annum. Moreover, the interest would not be allowed pendente
lite on the amount of compensation awarded on account of loss
of love and affection, funeral expenses and loss of estate i.e.
Rs.1,90,000/-.
11. In view of the above, the appeal partly succeeds in
terms of the following order:-
(i) The appeal is allowed.
(ii) The impugned award is modified enhancing the
compensation from Rs.1,49,400/- to Rs.4,40,944/-.
The respondents shall jointly and severally pay the
said amount along with interest at the rate of 7%
per annum on Rs.2,50,944/- from the date of the
claim petition to the date of payment.
(iii) The respondents shall also pay interest at the rate of
7% per annum on the balance amount of
Rs.1,90,000/- from the date of this order to the date
of payment/deposit of compensation amount.
8 FA-150-2002
(iv) The amount in deposit, if any, with this Court or the
Tribunal, be paid to the claimants with interest accrued
thereon.
[R.G. AVACHAT, J.]
KBP
