Shivaji Kerba Kasbe And Anr vs Devidas Yadav Wanway And Anr
2021 Latest Caselaw 14160 Bom

                                                     First Appeal No.1154/2006
                                      :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                       FIRST APPEAL NO.1154 OF 2006


 1.       Shivaji s/o Kerba Kasbe
          Age 53 years, Occu. Labour

 2.       Sarjabai w/o Shivaji Kasbe,
          Age 48 years, Occu. Household,

          Both R/o Hoal, Tq. Kaij,
          District Beed.                             ... APPELLANTS

          VERSUS

 1.       Devidas s/o Yadav Wanway
          Age 50 years, Occu. Business,
          R/o CIDCO, N-2, 18/11,
          Mukundwadi, Aurangabad

 2.       The United India Insurance
          Company Ltd.
          Vinayakrao Patil Chowk,
          Station Road, Aurangabad
          through its Divisional Manager             ... RESPONDENTS

                              .......
 S/Shri A.J. Mantri and S.S. Dargad, Advocates for appellants
 Shri M.M. Bhokarikar, Advocate for respondent No.1.
 Shri A.B. Gatne, Advocate for respondent No.2.
                              .......

                                  CORAM :       R. G. AVACHAT, J.

                                  DATE :        30th September, 2021

 PER COURT :

This is an appeal for enhancement of amount of

compensation awarded by the Tribunal on account of death in

First Appeal No.1154/2006 :: 2 ::

a vehicular accident. The Tribunal considered the rate of daily

wages at Rs.40/- per day and calculated the amount of

compensation. It also considered the age of the claimant for

determination of the multiplier. The amount of compensation

needs to be worked out in terms of the directions in the

judgment in case of National Insurance Company Limited Vs.

Pranay Sethi and others [ (2017) 16 SCC 680 ].

2. The amount of compensation is, therefore, worked

out as under :

3. The rate of daily wages of the deceased is

notionally considered at Rs.50/- per day. As such, his

monthly income would come to Rs.1500/-. His annual income

would come to Rs.18,000/-. 40% of the amount is added

towards future prospects. Thus, the annual income of the

deceased comes to Rs.25,200/-. 50% of the amount is

deducted towards living and personal expenses of the

deceased. As such, the total loss of dependency comes to

Rs.12,600/-. Since the deceased was 21 years of age when

he breathed his last, a multiplier of 18 needs to be applied.

Thus, the total amount of compensation comes to 12,600 x 18

= Rs.2,26,800/-. Amount of Rs.40,000/- to each of the

First Appeal No.1154/2006 :: 3 ::

claimants is granted towards loss of love and affection and

amount of Rs.30,000 is granted towards funeral expenses. As

such, the total comes to Rs.3,36,800/-. No change in the rate

of interest awarded by the Tribunal. The impugned award is

modified as above. The amount paid or deposited by the

Insurance Company in terms of the impugned award is given

due set off.

4. First Appeal is disposed of.

( R. G. AVACHAT ) JUDGE

fmp/-