Bombay High Court
Jayshri Jayvant Kakulate And ... vs Gautam Champalal Lunawat And ... on 6 October, 2021
Bench: R. G. Avachat
FA-3662-2016.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 3662 OF 2016
1. Jayashri Jayvant Kakulate
Age 39 years, Occu. Nil
2. Kanoj Jayvant Kakulate
Age 30 years, Occ. Education
3. Priyanka Jayvant Kakulate
Age 25 years, Occ. Education
4. Dhondu Nattu Kakulate - [Deleted]
5. Mankarnabai Dhondu Kakulate
Age 83 years, Occ. Nil
All R/o Dhamanar, Taluka Sakri
District Dhule ... Appellants
(Original Claimants)
Versus
1. Gautam Champalal Lunawat
Occ. Maruti Omni Owner
R/o Tongaon, Taluka and District Jalgaon
2. Reliance General Insurance Co. Ltd.
Jalgaon (through Manager, Reliance
General Insurance Company Ltd.,
Next to Royal Industrial Estate
Wadala West, Mumbai - 400 001
(Insurer of Maruti Omni
No. MH-01-MA-3372) ... Respondents
....
Ms S. T. Kazi, Advocate for appellants
Mr. D. M. Mane, Advocate for respondent No.1
Mr. S. S. Dargad, Advocate h/f Mr. S. G. Chapalgaonkar, Advocate for
respondent No.2
....
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CORAM : R. G. AVACHAT, J.
DATED : 06th OCTOBER, 2021.
PER COURT :-
. This is an appeal for enhancement of compensation
awarded by the Motor Accident Claims Tribunal, Dhule in Motor
Accident Claim Petition No. 1047 of 2009. It was a death claim. The
appellants herein are the legal representatives of the deceased
Jayvant, who died in an accident involving motor vehicle. The
Tribunal has awarded a sum of Rs.13,50,000/- as compensation with
interest at the rate 9% p.a. The challenge is mainly on the ground of
non grant of compensation under conventional heads, such as loss of
love and affection, funeral expenses and loss of estate.
2. Heard.
Learned Advocate for the appellants relied on the
judgments of the Apex Court in the 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 and others - (2018) 18 SCC 130, and urged for grant
of compensation in terms of these judgments.
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3. Learned Advocate for the respondent - Insurance
Company would, on the other hand, submit that just and adequate
compensation has been awarded by the Tribunal. Higher side
multiplier has been applied to work out compensation on account of
loss of dependency. Moreover, 30% of the amount has been
considered towards future prospects instead of 25%. Learned
Advocate, therefore, urged for dismissal of the appeal.
4. It needs to be stated that the respondent - Insurance
Company had filed appeal against the impugned judgment and
award. The said appeal has been dismissed vide order dated
12.10.2015. As such, learned Advocate for the respondent -
Insurance Company could not be heard on the question of quantum
of compensation awarded under the impugned award.
5. The Tribunal has awarded only Rs.39,600/- towards loss
of love and affection and funeral expenses. In terms of the directions
in the aforesaid judgments of the Apex Court, it should be
Rs.40,000/- for each of the applicants besides a sum of Rs.30,000/-
towards loss of estate and funeral expenses. This Court is therefore
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inclined to grant that much amount as compensation, minus a sum
of Rs.39,600/- already awarded on that count. The calculations are
as under:-
Total appellants/claimants = 5
(Appellant No.4 is deleted)
Rs.40,000/- (each claimant i.e. 4) Rs.1,60,000/-
Plus + Rs. 30,000/-
=======
Rs.1,90,000/-
Minus - Rs. 39,600/-
-------------------
Total = Rs.1,50,400/-
=======
6. Considering the impugned judgment and award, the
Tribunal has rightly worked out the amount of compensation on
account of loss of dependency. This appeal has been preferred long
after the impugned award was passed. Even after the appeal
preferred by the respondent - Insurance Company against the
impugned award was dismissed on merits. This Court has already
condoned the delay in preferring the present appeal. In view of this
Court, the appellants will not be entitled for component of interest
on the amount awarded by this Court for the period preceding the
date of registration of this appeal.
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7. In the result, the appeal partly succeeds. Hence,
following order.
ORDER
(i) The First Appeal is partly allowed.
(ii) The amount of compensation awarded by the Tribunal
is enhanced by Rs.1,50,400/- with 6% interest thereon
from the date of issuance of notice in this First Appeal
i.e. 16.07.2019 to the date of payment.
(iii) The amount of compensation, if any, deposited with
this Court or the Tribunal, be paid to the claimants
with interest accrued thereon, immediately.
[ R. G. AVACHAT, J. ]
SMS
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