The Oriental Insurance Co. Ltd., ... vs Suman Ramesh Jadhav And Ors
2021 Latest Caselaw 14934 Bom

                                                         First Appeal No.2738/2019
                                         :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                BENCH AT AURANGABAD


                       FIRST APPEAL NO.2738 OF 2019


 The Oriental Insurance Company Ltd.
 Shivaji Cross Road, Dr. Chatuphale Road,
 Shrirampur, Tq. Shrirampur,
 District Ahmednagar, through its
 Divisional Manager, Divisional Office,
 Adalat Road, Aurangabad                 ... APPELLANT

          VERSUS

 1.       Sau. Suman Ramesh Jadhav,
          Age 45 years, Occu. Household

 2.       Ramesh Nivrutti Jadhav,
          Age 50 years, Occu. Agriculture,

          Both R/o Paritwadi, Tq. Karjat,
          District Ahmednagar

 3.       Ajaykumar Ramanlal Doshi,
          Age major, Occu. Business,
          R/o Rashin, Tq. Karjat,
          District Ahmednagar                            ... RESPONDENTS

                            .......
 Shri Manoj Shinde, Advocate holding for
 Shri M.K. Goyanka, Advocate for appellant
 Shri M.R. Sonawane, Advocate for respondents No.1 and 2
                            .......

                                     CORAM :        R. G. AVACHAT, J.
                                     DATE :         12th OCTOBER, 2021


 JUDGMENT:

This is Insurance Company's appeal, taking

First Appeal No.2738/2019 :: 2 ::

exception to the quantum of compensation awarded on

account of death in a vehicular accident. Under the impugned

award, a sum of Rs.10,12,000/- along with interest @ 7%

p.a. has been awarded as compensation to the parents of the

deceased - Shivaji.

2. It was the case of the claimants that, though

Shivaji was taking education, he would do agriculture as well.

He was also doing milk business. He used to supply milk to

local diary. As such, the deceased used to contribute

substantially for the maintenance of his parents - the

claimants. The deceased died in the accident at his age of 18

years. He was the only child of his parents.

3. The Tribunal found that, there was no cogent

evidence to show that the deceased would do agriculture and

milk business. The accident took place while the deceased

was returning soon after he appeared for 12 th Standard

examination. The Tribunal, however, considered his notional

income at Rs.6000/-, added 50% thereof towards future

prospects and applied the multiplier of 18 to work out loss of

annual dependency. 50% was deducted towards personal and

living expenses.

First Appeal No.2738/2019 :: 3 ::

4. Learned counsel for the Insurance Company would

submit that, the deceased was not gainfully employed. He

was a student of 12th Standard. The Tribunal itself found the

deceased to have been moderate in academics. According to

learned counsel, the Tribunal, therefore, ought to have

considered Rs.3000/- per month as notional income of the

deceased for grant of a just compensation. He, therefore,

urged for scaling down the amount of compensation.

5. Learned counsel for the claimants would, on the

other hand, submit that, the deceased had a bright future.

He was the only son of his parents. The deceased would do

agriculture and milk vending as well. The learned counsel

supported the impugned award.

6. The evidence on record indicates that, the

deceased was on his way on a motorbike after having

appeared for 12th Standard examination. The truck knocked

him down from behind. There is no evidence to indicate the

deceased was in fact doing agriculture and milk vending as

well. The claimants are the parents of the deceased. They

have their agricultural land. The deceased was said to be

First Appeal No.2738/2019 :: 4 ::

moderate in academics. This Court, therefore, proposes to

work out the amount of compensation in following terms.

7. In the facts and circumstances of the case, this

Court considers the notional income of the deceased as

Rs.4600/-. 4600 x 12 = Rs.55,200/-. By adding 40%

towards future prospects, the annual income of the deceased

comes to Rs.77,280/-. 50% thereof is deducted towards

personal and living expenses of the deceased. As such, the

annual dependency of the claimants comes to Rs.38,640/-.

Applying the multiplier of 18, the amount of compensation

comes to Rs.6,95,520/-. Rs.40,000/- for each of the

claimants is awarded towards loss of love and affection. It

comes to Rs.80,000/-. Rs.30,000/- is awarded towards loss

of estate and funeral expenses. As such, the total amount of

compensation comes to Rs.8,05,520/-.

8. In the result, the appeal partly succeeds. The

amount of compensation awarded by the Tribunal is scaled

down from Rs.10,12,000/- to Rs.8,05,520/-. The rate of

interest awarded by the Tribunal to stand unaltered. The

amount of compensation be paid to the claimants equally.

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9. The amount in deposit with this Court be paid to

the claimants immediately along with interest accrued

thereon. The balance amount, if any, be paid back to the

appellant Insurance Company along with interest accrued

thereon.

( R. G. AVACHAT ) JUDGE

fmp/-