Bombay High Court
M/S Shriram General Insurance Co. ... vs Latabai Dilip Rodge And Ors on 11 October, 2022
Bench: S. G. Dige
1
2756.18FA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2756 OF 2018
M/s. Shriram General Insurance
Company Limited
Through : The Branch Manager,
E-8, EPIP, RIICO, Industrial Area,
Sitapura, Jaipur,
Rajasthan - 302 022
Through its Branch Manager/
Authorised Signatory,
Branch at Aurangabad
. ..APPELLANT
(Original Resp. No.2)
VERSUS
1. Latabai Dilip Rodge
Age : 50 years, Occ : Household,
2. Dilip Ramhari Rodge
Age : 55 years, Occ : Labour & Agri.,
Both R/o Krukhe, Tq. Rahata,
Dist. Ahmednagar.
3. Anil Manohar Lokhande
Age : Major, Occ : Business,
R/o Kolhar (Bu.), Tq. Rahata,
District Ahmednagar.
. ..RESPONDENTS
(Resdt. Nos.1 & 2 - Ori. Claimants
Respt. No.3 - Ori. Respt. No.1)
...
Advocate for Appellant : Mr.S.G. Chapalgaonkar
Advocate for Respondent Nos.1 and 2 : Mr.S.B. Tarde
::: Uploaded on - 12/10/2022 ::: Downloaded on - 13/10/2022 04:31:17 :::
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2756.18FA
CORAM : S.G.DIGE, J.
RESERVED ON : 07.09.2022
PRONOUNCED ON : 11.10.2022
JUDGMENT :
The challenge in this appeal is to compensation
awarded on higher side.
2. It is the contention of the learned counsel for
the appellant that the deceased was 18 years old boy. He
was taking education and working as labour at centering
site. The Tribunal has considered his monthly income of
Rs.6,000/-. The deceased was bachelor. The Tribunal has
deducted 1/3 amount for personal expenses, it should be
1/2 amount. The Tribunal has awarded 50% as future
prospects, it should be 40%. Hence requested to allow the
appeal.
3. It is the contention of respondent nos.1 and 2
that the deceased was taking education and was also doing
centering work at construction site and was getting
2756.18FA
Rs.6,000/- per month. The Tribunal has awarded
compensation on the basis of the evidence led before the
Tribunal. The order passed by the Tribunal is legal and
valid.
4. I have heard both the learned counsel. Perused
the judgment and order passed by the Tribunal.
5. The issue involved in this appeal is quantum of
compensation.
6. It has come in the evidence of Latabai Rodge
(PW-1) at Exhibit-31 that the deceased was doing labour
work into the building being constructed on the road
proceeding from Ratata to Nagar. The deceased was getting
Rs.6,000/- per month from centering work. The Tribunal
has considered the monthly income of deceased at
Rs.6,000/-. I do not find any infirmity in it as it has come in
the evidence of PW-1 and PW-2 that the deceased was doing
labour work of centering at construction site and he was
2756.18FA
getting Rs.6,000/- per month.
7. The Tribunal has deducted 1/3rd amount as
personal expenses of the deceased. Admittedly, the deceased
was bachelor, so it should be 1/2 deductions for personal
expenses. The Tribunal has awarded 50% amount as an
additional income. As per the view of the Hon'ble Apex
Court in the case of National Insurance Company Limited
Vs. Pranay Sethi and others reported in (2017) 16 SCC 680,
it should be 40%.
8. In view of the above calculation, respondent
nos.1 and 2 are entitle for following compensation :-
Head Compensation awarded
1. Income as considered by
Tribunal : Rs. 6,000/-
2. Add. 40% future prospects
(instead of 50% as added by
Tribunal) : Rs.2,400/-
3. Deduction for personal and
living expenses
(1/2 as deceased was bachelor
instead of 1/3rd) : Rs.4,200/-
2756.18FA
4. Monthly dependency : Rs.4,200/-
5. Annual Dependency : Rs.50,400/-
6. Multiplier : 18
7. Pecuniary loss : Rs.9,07,200/-
8. Non-pecuniary losses : Rs.1,10,000/-
(a) Funeral Expenses : Rs.15,000/-
(b) Loss of Estate : Rs.15,000/-
(c) Consortium : Rs.80,000/-
9. Medical expenses as awarded
by Tribunal : Rs.1,48,399/-
10. Total Compensation : Rs.11,65,599/-
(9,07,200/- + 1,10,000/- +
1,48,399/-)
11. Amount awarded by Tribunal : Rs.14,69,399/-
12. Amount payable to claimants : Rs.11,65,599/-
13. Difference
(Rs.14,69,399 - Rs.11,65,599): Rs.3,03,800/-
14. Refund to Insurance Company : Rs.03,03,800/-
with proportionate
interest thereon
9. In view of the above, I pass the following order
ORDER
(i) The appeal is allowed.
2756.18FA
(ii) The amount of compensation is reduced from
Rs.14,69,399/- to Rs.11,65,599/-. The respondent nos.1 and
2 are entitle for amount of Rs.11,65,599/- @ 8% from the
date of filing of the petition till its realization.
(iii) The Registry of this Court shall refund amount of
Rs.3,03,800/- (Rs. Three Lacs Three thousand Eight Hundred
only) to the appellant along with accrued interest thereon.
(iv) The appellant is entitle to withdraw amount of
Rs.3,03,800/- along with accrued interest thereon.
(v) The respondent nos.1 and 2 are permitted to withdraw
deposited amount along with interest on it if not withdrawn.
(vi) The appeal is disposed of in above terms.
[S.G.DIGE]
JUDGE
SGA/-
