Bombay High Court
Reliance General Insurance ... vs Shri. Bansilal Shambunath ... on 15 September, 2021
Bench: C.V. Bhadang
1-fa-1255-2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.1255 OF 2017
The Reliance General Insurance Co. Ltd. ..Appellant
V/s.
Bansilal Shambunath Jaiswal & Ors. ..Respondents
----
Ms.Poonam Mital for the Appellant.
Ms.Rina Kunda i/b Mriganka Kundu for the Respondents.
----
CORAM : C.V. BHADANG, J.
DATE : 15 SEPTEMBER 2021
JUDGMENT :
. The appeal is taken up for final hearing by consent of
parties as the appeal only involves a short question about
quantum of compensation.
2. In view of the fact that the dispute is only regarding
quantum, it is not necessary to set out the facts in details. Suffice
it to mention that Ajayshankar Bansilal Jaiswal aged about 19
years died in a vehicular accident on 19 September 2015. The
deceased was a pillion rider on a motor cycle No.MH-04-DU-
3194 and was preceding to his residence by Wagle Estate Road.
When they had reached opposite Bradma Company another
motor cycle bearing No.MH-04-GG-1167 came from opposite
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1-fa-1255-2017
direction and gave a dash to the motor cycle on which the
deceased was a pillion rider resulting into his death. Ajay was
admitted in the Jupiter hospital where he succumbed to the
injury on 23 September 2015. The respondent Nos.1 to 3 are the
original claimants before the Motor Accident Claims Tribunal,
Thane in MACP No.0100594 of 2015.
3. The claimants happen to be the parents and the
brother of the deceased. The deceased was proprietor of a
grocery shop namely Arti Kirana Stores and was earning
Rs.15,000/- to Rs.20,000/- per month. According to the
respondents-claimants they were the dependents on the deceased.
Further according to the claimants the accident occurred due to
the rash and negligent driving of the respondent Rohidas Dhere
who was riding the offending vehicle. The offending vehicle
insured by the appellant-insurance company.
4. The Tribunal by the impugned judgment and award
dated 27 February 2017 has granted a compensation of
Rs.10,06,871/- along with interest at the rate of 8% per annum,
from the filing of the petition, till realization, which includes the
compensation on the no fault liability basis.
5. The appellant has challenged the impugned award
only on the quantum. In such circumstances, the appellant as
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1-fa-1255-2017
well as respondents-claimants were directed to furnish their own
computation of the compensation.
6. Today the parties have jointly produced the
computation of the compensation which is taken on record and
marked 'x' for identification.
7. The compensation as furnished by the parties is as
under:-
1 Income Rs.5000/-
2 Add: 40% (i.e. Rs.2000/-
Rs.2,000/-) ------------- Rs.7,000/- p.m.
towards loss of
future Prospects
3 Less: 50% Rs.3,500/-p.m.
towards personal ------------------
and living
expenses of the
deceased, being a
bachelor
Rs.3,500/-p.m.
4 Compensation on Rs.3500x12x18 Rs.7,56,000/-
account of loss of
dependency
5 Loss of Rs.40000 x 2 Rs.80,000/-
Consortium for
parents
6 Loss of Rs.40,000/-
Consortium for
brother
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1-fa-1255-2017
7 Medical Expenses Rs.4,16,871/-
8 Funeral Expenses Rs.15,000/-
-----------------
Total Rs.13,07,871/-
==========
8. The learned counsel for the respondent-claimants
placing reliance on the decision of the Supreme Court in the case
of Magma General Insurance Co. Ltd. V/s. Nanu Ram Alias
Chuhru Ram & Ors.1 has submitted that the consortium is
payable even to the brother of the deceased. In the said case the
Supreme Court had allowed consortium in favour of the sister of
the deceased.
9. The learned counsel for the appellant states that the
appellant has deposited an amount of Rs.11,82,141/- which
comprises of the compensation granted by the Tribunal of
Rs.10,06,871/- along with interest at the rate of 8%.
10. The learned counsel for the appellant has not
disputed the compensation.
11. In such circumstances, the appeal is disposed of by
consent of parties in the following terms:
1 Civil Appeal No.9581 of 2018 (Arising out of SLP (Civil) no.3192 of 2018) dated 18 September 2018
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1-fa-1255-2017
ORDER
(i) The impugned award is hereby modified.
(ii) The respondent Nos.1 to 3 (original claimants)
shall be entitled to compensation of Rs.13,07,871/-
(including no fault liability) along with interest at the
rate of 8% per annum from the date of the petition
till realization after taking into account the amount
already deposited.
(iii) The amount of Rs.25,000/- deposited before
this Court along with interest, if any, shall be made
over to the MACT, Thane.
(iv) The Tribunal shall pass appropriate order
regarding payment of the compensation to the
claimants.
(v) Eighty percent of the compensation shall be
paid to the parents while the remaining twenty
percent shall be paid to the brother of the deceased.
(vi) In the circumstances there shall be no order as
to costs.
Decree be drawn accordingly.
C.V. BHADANG, J.
Digitally signed by
NILAM NILAM SANTOSH
SANTOSH KAMBLE
Date: 2021.09.29
KAMBLE 12:04:19 +0530
N.S. Kamble page 5 of 5
