Bombay High Court
United India Insurance Company Ltd vs Bablu Ramjan Khan And Ohters on 9 August, 2024
2024:BHC-AUG:17863
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
952 FIRST APPEAL NO. 1824 OF 2014
United India Insurance Company Ltd.
...Appellate
VERSUS
1. Bablu Ramjan Khan,
2. Sahil Bablu Khan,
3. Niha Bablu Khan,
4. Rahil Bablu Khan,
5. Sufil Bablu Khan,
6. General Manager, Sangamner
Taluka Sahakari Dudh Utpadak Sangh Ltd.
7. Vinayak Kanhu Navale.
...Respondents
...
Advocate for Appellant : Mr. Bagal Suraj R. For Appellant
Advocate for Respondents No.1 to 5 : Mr. S. K. Shinde
Advocate for Respondents No.6 and 7: Mr. R. L. Kute
...
WITH
CIVIL APPLICATION NO. 10509 OF 2014
IN FA/1824/2014
WITH
CIVIL APPLICATION NO. 10505 OF 2014
IN FA/1824/2014
....
CORAM : ARUN R. PEDNEKER, J.
Dated : August 09, 2024
ORAL ORDER :-
1. Heard learned Counsel for the parties.
2. Learned Counsel for Insurance Company challenges the impugned
order on the ground that the driver of the insured vehicle was holding
license only of a light weight motor vehicle. So also he submits that the
952 FA 1824-2014
Tribunal erred in computation of the compensation. It has not made
1/3rd deductions for personal expenses in the income of the deceased
considering the dependents of the deceased. As regards first
submission of the learned Counsel for applicant is concerned i.e. the
driver only had light motor vehicle license, the same would be covered
within the principle pay and recover, if the appellant substantiate his
submissions before this Court at the final hearing stage.
3. As regard the computation is concerned, the total amount of
compensation granted is Rs.8,27,500/- along with interest @ 8% per
annum from the date of petition till Judgment and award dated
09/04/2014. Said amount is calculated as under : -
"Rs.3000/- is computed as monthly income being a 'house-wife',
multiplier of 17 is applied considering the of age of deceased as
30. The amount comes to Rs.Rs.6,12,000/-."
4. Learned Counsel submits that 1/3rd deduction is not applied to to
the total income, and as such, applying the deduction of 1/3rd the
computation is Rs.24,000 x 17 = 4,08,000. Perusal of the impugned
order, it appears that total amount towards consortium is granted only
Rs.40,000/-. In terms of the Judgment in case of National Insurance
Company vs. Pranay Sethi and Others, reported in 2017 ACJ
2700, and Magma General Insurance Company vs. Nanu Ram
952 FA 1824-2014
alias Chuhru Ram and others, reported in 2018 SCC Online SC
1546, the consortium has to Rs.40,000/- per dependent. In the instant
case, there are five claimants, as such, the consortium comes to
Rs.2,05,000/- excluding Rs.40,000/- already granted for the consortium.
The computation thus would be worked out as Rs.2,05,000/- + 15,000/-
towards funeral expenses, + Rs.15,000/- towards loss of estate +
1,75,360/- towards medical expenses. Computing the same, the total
balance is worked out nearly the same comes to Rs.8,53,000/-
5. Considering the fact that there is no reduction in the amounts of
compensation in the event the appeal is admitted. I deem it
appropriate that the First Appeal would stand dismissed against the
claimants and the appeal is admitted only against respondents No.6
and 7. The appeal is dismissed aainst respondents No.1 to 5.
6. All contentions of the respondents No.6 and 7 owners of the
vehicle that the present case would not be covered within the principle
of pay and recover as there is no proof that the driver was not holding
license, would be decided at the stage of final hearing.
7. Balance amount deposited in this Court is directed to be sent to
the Motor Accident Claim Tribunal, Sangamner in MACP No.122/2010.
Claimants are permitted to withdraw the same in terms of the
952 FA 1824-2014
apportionment as directed in the MACP.
8. Appeal stands disposed of in above terms. Pending applications
stand disposed of.
( ARUN R. PEDNEKER, J. )
vj gawade/-.
