Rukhmabai Nimba Patil And Ors vs Sahebrao Chaitram Patil And Ors
2021 Latest Caselaw 14997 Bom

                                                                First Appeal No.55/2007
                                            :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                         FIRST APPEAL NO.55 OF 2007


 Rukhmabai w/o Nimba Patil & ors.                             ... APPELLANTS

          VERSUS

 Sahebrao Chaitram Patil & ors.                               ... RESPONDENTS

                              .......
 Shri S.S. Jadhavar, Advocate for appellants
 Shri Girish Rane, Advocate for respondent No.1.
 Shri A.B. Gatne, Advocate for respondent No.3.
                              .......

                                      CORAM :         R. G. AVACHAT, J.
                                      DATE :          13th OCTOBER, 2021

 ORDER:

This is an appeal for enhancement of

compensation awarded by Motor Accident Claims Tribunal

(Tribunal) on account of death occurred in vehicular accident.

Only a sum of Rs.1,03,500/- has been awarded as

compensation inclusive of medical expenditure. It thus

appears that, grossly inadequate compensation has been

awarded for the death that occurred in the year 2001. The

claim petition was filed by the widow and two sons of the

deceased Nimba, who was said to have been doing

agriculture.

First Appeal No.55/2007 :: 2 ::

2. Heard. Learned counsel for the appellants -

claimants would submit that, the deceased was the sole bread

winner of the family. Over Rs.60,000/- were spent towards

medical expenditure. The Tribunal has awarded only

Rs.7000/- on that count. Nothing has been awarded towards

loss of consortium and love and affection. Notional income of

the deceased was considered at Rs.18,000/- per annum.

Learned counsel, therefore, urged for substantial

enhancement of the compensation.

3. Learned counsel for the respondent Insurance

Company would submit that, there was no evidence about the

income of the deceased and medical expenditure incurred.

The deceased was more than 65 years of age. His sons have

been earning. The Tribunal has thus granted just and

reasonable compensation. He, therefore, urged for dismissal

of the appeal.

4. Considered the rival submissions. Perused the

impugned award and the relevant evidence on record. The

deceased was 60 plus when he breathed his last. He was

agriculturist by profession. On his demise, the land has been

inherited by the claimants. This Court, therefore, does not

find any reason to interfere with the quantum of

First Appeal No.55/2007 :: 3 ::

compensation awarded by the Tribunal on account of loss of

dependency.

5. When the impugned award was passed, 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. The compensation, therefore, needs to be

awarded in terms of the Apex Court dictum in these two

authorities.

6. On account of loss of consortium and loss of love

and affection, each of the claimants is awarded Rs.40,000/-.

While a sum of Rs.30,000/- is granted towards loss of estate

and funeral expenses. The record indicates that, the

deceased was admitted to a private hospital. He died long

after he met with the accident. There is, therefore, no reason

to doubt the claim of the appellants that they spent not less

than Rs.60,000/- towards medical expenditure. The

appellants would, therefore, be entitled to that much amount

also. Thus, the total amount of compensation comes to

Rs.96,000/- granted by the Tribunal towards loss of

First Appeal No.55/2007 :: 4 ::

dependency), plus Rs.1,10,000/- plus Rs.60,000/- =

Rs.3,06,000/-. No interest, however, would be awarded on

the amount of compensation granted towards loss of love and

affection. In the result, the appeal partly succeeds in terms of

the following order :

ORDER

(i) The impugned award granting compensation of

Rs.1,03,500/- is enhanced to Rs.3,06,000/-.

(ii) The respondents No.1 and 2 shall pay interest @

7.5% p.a. on the amount of Rs.1,86,000/- from the date of

the claim petition to the date of payment of the entire

amount.

(iii) The respondents shall pay interest @ 7.5% p.a. on

the sum of Rs.1,20,000/- from the date of this order to the

date of payment of the said amount.

(iv) Due adjustment be given to the amount already

paid/ deposited by the respondent - Insurance Company.

( R. G. AVACHAT ) JUDGE

fmp/-