Bombay High Court
The New India Assurance Co. Ltd., Nagpur ... vs Smt. Kaisar Mohammad S/O Afzal Shekh And ... on 24 October, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:12240
1 22-fa-1119-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 1119 OF 2024
The New India Assurance Co. Ltd.
Through its Branch Manager,
Chandrapur Branch, Chandrapur,
Tah. & District- Chandrapur
Presently through Chief Regional Manager,
Regional Office, 1st Floor, Riaan House,
Opp. Kasturchand Park, Mohan Nagar,
Nagpur-440001. . . . APPELLANT
// V E R S U S //
1. Smt. Kaisar Mohammad S/o. Afzal Shekh,
Aged about 59 years, Occ. Household,
2. Mohammad Asif Mohammad Afjal
Mohammad,
Aged about 24 years, Occ. Education,
Both Respondent nos. 1 and 2 are
R/o. Ward No. 4, Gadchandur,
Tah. Korpana, Dist. Chandrapur.
3. Kapoorsingh Nainaram Sheorain,
Aged Major, Occ. Business,
R/o. B.T.S. Plot, Shivaji Nagar Ward,
Allapalli Road, Ballarpur,
Tah. Ballarpur, Dist. Chandrapur. . . . RESPONDENTS
------------------------------------------------------------------------------------------------
Shri A. W. Paunikar, Advocate for appellant.
Shri S. O. Ahmed, Advocate for respondent nos. 1 and 2.
Shri Ashish Chaware, Advocate for respondent no. 3.
-----------------------------------------------------------------------------------------------
CORAM :- M. W. CHANDWANI, J.
DATED :- 24.10.2024
ORAL JUDGMENT :-
2 22-fa-1119-24.odt
Heard.
2. Admit. Heard finally by consent of the learned counsel for
the parties.
3. The correctness of the award dated 01.11.2023, passed in
MACP No. 130/2019 passed by the Motor Accident Claims Tribunal,
Chandrapur is challenged by the Insurance Company in this appeal.
By the impugned award, the Tribunal granted compensation of
Rs.16,71,600/- to the respondent nos. 1 and 2 on account of death of
deceased- Mohammad Nasir Mohammad Afzal Sheikh, who died in
vehicular accident dated 03.03.2019.
4. Brief facts, necessary to adjudicate the present case, are as
under:-
On 03.03.2019, the deceased- Mohammad Nasir
Mohammad Afzal Sheikh and one Asim Kidiya were coming towards
Gadchandur from Korpana by riding on a motorcycle on Korpana-
Gadchandur road. When the deceased came near MSEB square at
about 03:45 pm to 04:30 pm, at that time, a truck baring registration
no. MH-34-M-5121 was coming from Gadchandur side in a rash and
negligent manner in a high speed. The offending vehicle suddenly
turned towards Nanada Fata Ultratech Company and gave a dash to
3 22-fa-1119-24.odt
the motorcycle of the deceased. Due to the said accident, the deceased
and pillion rider- Asim Kidiya received accidental injuries. The
deceased was moved to Government Hospital, Gadchandur and
thereafter, he was referred to GMCH, Chandrapur, where he
succumbed to the accidental injuries. Respondent no. 1 is mother,
respondent no. 2 is brother of the deceased and respondent no. 3 is
the owner of the offending vehicle.
5. The contention of the learned counsel for the appellant is
that the Tribunal, while calculating the future prospect did not
deducted 50% of income towards personal expenses instead of
Rs.19,200/- erroneously and an amount of Rs.40,200/- per year has
been added towards future prospect. The learned counsel for the
respondents fairly conceded to this situation and submitted to the
Court that appropriate order be passed.
6. It appears from para 18 of the impugned award that
annual income of the deceased is assessed @ Rs.96,000/- p.a. and
since the deceased was bachelor therefore, 50% of the assessed income
of the deceased is deducted towards personal expenses and annual
income was calculated as Rs.48,000/- for applying the multiplier.
However, the future prospect @ 40% on the gross annual income of
the deceased @ Rs.96,000/- has been not only calculated erroneously
4 22-fa-1119-24.odt
as Rs.40,200/- but, also the 50% of the amount of future prospect
towards personal expenses was remained to be deducted. Thus, the
assessed income of Rs.48,000/- is to be increased by Rs. 19,200/-
towards future prospect. The total income of the deceased after
deduction towards personal expenses would come to Rs.67,200/- for
applying the multiplier. Likewise, amount of funeral expenses and loss
of estate is required to be corrected as Rs.15,000/- each.
7. In view of the above, respondent nos. 1 and 2 are entitled
to the following compensation:-
Annual Income of deceased Rs. 96,000/-
(Rs. 8000 X 12)
Less 1/2 th deduction towards personal expenses Rs. 48,000/-
(Rs. 96,000/2)
Total Rs. 48,000/-
Add future prospects 40% Rs. 19,200/-
Total Rs. 67,200/-
Multiplier of 18 as the decesed was 20 years old Rs.12,09,600/-
(Rs. 67,200/- X 18)
Add Filial Consortium for mother Rs. 40,000/-
Add Funeral expenses Rs. 15,000/-
Add loss of estate Rs. 15,000/-
Total Compensation Rs. 12,79,600/-
8. Hence, I proceed to pass the following order:-
i) Consequently, the appeal is partly allowed.
5 22-fa-1119-24.odt
ii) The appellant and respondent no. 3 shall pay the
respondent nos. 1 and 2 compensation of Rs.12,79,600/- alongwith
interest @ 6% p.a. from the date of petition till realization.
iii) Respondent nos. 1 and 2 are permitted to withdraw the
amount of compensation alongwith accrued interest in terms of the
award in the ratio of 60:40.
iv) The excess amount, if any, be refunded to the Insurance
Company alongwith accrued interest.
(M. W. CHANDWANI, J.)
RR Jaiswal
Signed by: Mr. Rajnesh Jaiswal
Designation: PA To Honourable Judge
Date: 04/11/2024 15:54:33
