Bombay High Court
Nanda Wd/O Hemant Joharapurkar And ... vs Ambadasji S/O Gunderao Patmare And ... on 4 October, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:11482
1 30-fa-619-23j.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 619 OF 2023
1. Nanda Wd/o. Hemant Joharpurkar,
Aged about 56 years, Occ. Agent,
2. Neha W/o. Mayur Khedkar,
Aged about 34 years, Occ. Houshold
Through Power of Attorney Holder
Nanda Wd/o. Hemant Joharapurkar
3. Himanshu S/o. Hemant Joharapurkar,
Aged about 25 years, Occ. Student
All R/o. Ladpura, Itwari, Behind
Amardeep Cinema, Behind Balaji Mandir,
Nagpur. . . . APPELLANTS
// V E R S U S //
1. Ambadasji S/o. Gunderao Patmare,
Aged major, Occ. Nil
R/o. Plot No. 64, Nagraj Nagar,
Kalamna Road, Nagpur.
2. The National Insurance Co. Ltd..
Darshan Complex, 2nd Floor,
Motor Stand Chowk, Kamptee,
Tah. Kamptee, Dist. Nagpur.
3. Mohd. Akram Shah S/o. Mohd. Alludin,
Aged Major, Occ. Business,
R/o. Plot No. 1204, Mini Mata Nagar,
Nagpur. . . . RESPONDENTS
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Shri M. R. Joharapurkar, Advocate for appellants.
Shri V. P. Maldhure, Advocate for respondent no. 2.
Shri M. F. Akbani, Advocate for respondent no. 3.
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2 30-fa-619-23j.odt
CORAM :- M. W. CHANDWANI, J.
DATED :- 04.10.2024
ORAL JUDGMENT :-
Heard.
2. Admit. The appeal is heard finally by consent of the
learned counsel for the parties.
3. Correctness of the impugned award dated 16.10.2019
passed by the Motor Accident Claims Tribunal, Nagpur in Claim
Petition No. 1264/2011, thereby granting compensation of
Rs.23,50,724/- towards medical expenses and loss of dependency to
respondent nos. 1 to 3 on account of death of deceased- Hemant
Johrapurkar is under challenge in this appeal. The claimants are
before this Court for enhancement of compensation as well as rate of
interest.
4. The contention is that, consortium only to the extent of
Rs.40,000/- is granted by the Tribunal. The submission is that the
claimants are entitled for spousal consortium as well as parental
consortium @ Rs.40,000/-, but the Tribunal has granted only
Rs.40,000/- towards entire consortium. It is also contended that the
3 30-fa-619-23j.odt
rate of interest from the year 2011 to 2015 was on the higher side, but
this aspect has not been considered by the Tribunal.
5. The submission is opposed by the learned counsel for the
respondents by submitting that the Tribunal has extensively dealt with
this aspect while dealing with the claim petition and assessing the
compensation under other heads. The learned counsel for the
respondents supported the judgment of the Tribunal.
6. In wake of the decision of the Hon'ble Supreme Court in
the cases of National Insurance Co. Ltd. Vs. Pranay Sethi1 and Magma
General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram 2,
it is well settled that wife of the deceased is entitled for spousal
consortium, whereas, children of the deceased are entitled for parental
consortium @ Rs.40,000/- each, but the Tribunal has granted only
Rs.40,000/-. Therefore, appellant no. 1 is entitled for spousal
consortium @ Rs.40,000/- and appellant nos. 2 and 3 are entitled for
parental consortium @ Rs.40,000/- each. To that extent, the
compensation awarded by the Tribunal is required to be enhanced.
7. As far as the rate of interest on the compensation amount
is concerned, judicial note can be taken in this regard that, from the
1 2017 (16) SCC 680
2 (2018) 18 SCC 130
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year 2011 till the year of passing of the award i.e. 2019, there was a
fluctuation in the rate of interest from 9% p.a. to 6% p.a. Considering
this aspect, I am of the view that interest @ 7% p.a. on the entire
compensation amount will be just and proper.
8. In the aforesaid terms, the appeal is partly allowed and
the impugned award is modified as under:-
i) The appellants are entitled for enhanced compensation of
Rs.80,000/-. The appellants are also entitled for the interest @ 7%
p.a. on the entire compensation amount from the date of filing of the
application till realization of the amount.
ii) The respondents to deposit the enhanced amount of
compensation alongwith enhanced rate of interest within eight weeks
from today.
(M. W. CHANDWANI, J.)
RR Jaiswal
Signed by: Mr. Rajnesh Jaiswal
Designation: PA To Honourable Judge
Date: 15/10/2024 15:22:44
