Bombay High Court
Smt. Kavita Wd/O Chandrakant ... vs Tarlochansingh S/O Majorsingh And ... on 5 September, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:10116
1 26-fa-606-23j.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 606 OF 2023
Smt. Kavita Wd/o. Deceased Chandrakant
Chikhalkar, Age 38 years, Occ. Household,
R/o. Gurukul Colony, Malkapur,
Near Anand Park Apartment, Akola,
Tq. & Dist. Akola 444001.
(Re-married, wife of Rajesh Mulatkar) . . . APPELLANT
// V E R S U S //
1. Tarlochansingh S/o. Majorsingh,
Aged Adult, Occ. Owner of the Tanker,
R/o. Plot No. 1103, Road No. 12,
K. W. C. Steel Market, Kalamboli,
District Thane.
2. The New India Assurance Co. Ltd.,
Through its Divisional Manager,
Divisional Officer, A.D.C.C. Bank
Building, Old Cotten Market,
Tilak Road, Akola, Tq. & Dist. Akola
3. Smt. Malti W/o. Vasantrao Chikhalkar,
Aged about 65 years, Occ. Household,
R/o. Shakkardara Chowk, Reshim Baug,
C/o. Yogesh Vasantrao Chikhalkar,
Plot No. 184, Nagpur, Tq & Dist. Nagpur. . . . RESPONDENTS
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Shri I. M. Ghongade, Advocate for appellant.
Shri M. B. Joshi, Advocate for respondent no. 2.
Shri N. S. Deshpande, Advocate for respondent no. 3.
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CORAM :- M. W. CHANDWANI, J.
DATED :- 05.09.2024
ORAL JUDGMENT :-
2 26-fa-606-23j.odt
Heard finally by consent of the learned counsel for the
parties.
2. The correctness of the award dated 31.07.2015 passed by
the Motor Accident Claim Tribunal, Akola (for short, "the Tribunal") in
M.A.C.P. No. 215/2009 has been questioned in this appeal. The
Tribunal has awarded a compensation of Rs.31,00,000/- on account of
death of Chandrakant Chikhalkar in a vehicular accident, which
occurred on 18.06.2009.
3. The main contention raised in this appeal is non-grant of
spousal and filial consortium to the appellant and respondent no. 3 i.e.
wife and mother of the deceased. The law in this regard is no more
res integra. In the case of National Insurance Co. Ltd. Vs. Pranay Sethi
and Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru
Ram and others 2, it has been held that wife of the deceased is entitled
for spousal consortium @ Rs.40,000/- and the parents of the deceased
are entitled towards filial consortium @ Rs.40,000/-, which is not
granted by the Tribunal, whereas, the Tribunal has granted
Rs.10,000/- only towards loss of consortium. Therefore, the
compensation amount is to be enhanced to that extent.
1 (2017) 16 SCC 680
2 (2018) 18 SCC 130
3 26-fa-606-23j.odt
4. Hence, the appellant is entitled to spousal consortium @
Rs.40,000/- and respondent no. 3 is entitled to filial consortium @
Rs.40,000/-. Thus, after reducing an amount of Rs.10,000/- granted
by the Tribunal towards consortium, the compensation granted by the
Tribunal is enhanced by Rs.70,000/-.
5. This takes me to the issue of grant of interest. It appears
that the Tribunal, while directing to pay the compensation, asked the
respondent nos. 1 and 2 to pay the compensation amount within two
months from the date of the order failing which, respondent nos. 1 and
2 shall be liable to pay interest @ 6% p.a. from the date of the petition
till actual realization of the amount. This appears to be grant of
interest in the penal form. By catena of judgments, delivered by this
Court and by the Apex Court, the law is settled in this regard that,
interest is to be granted on compensation amount from the date of
application till realization of the amount. Therefore, this finding of the
Tribunal is also required to be modified by directing the respondent
nos. 1 and 2 to pay interest on compensation from the date of
application till realization of the amount.
6. It is to be noted that, this appeal came to be filed almost
after seven years of passing the impugned award. While allowing the
application for condonation of delay, this Court vide order dated
4 26-fa-606-23j.odt
19.06.2023 allowed the condonation of delay application subject to
condition that the appellant will not be entitled for interest for the
delayed period of 1659 days.
7. In view of this, the appeal is partly allowed.
8. The appellant and respondent no. 3 shall be entitled for
enhanced compensation of Rs.70,000/-. Respondent nos. 1 and 2 shall
jointly and severally liable to pay enhanced compensation alongwith
interest @ 6% p.a. from the date of the application till realization of
the amount, except for the delayed period of 1659 days, on the entire
decretal amount.
(M. W. CHANDWANI, J.)
RR Jaiswal
Signed by: Mr. Rajnesh Jaiswal
Designation: PA To Honourable Judge
Date: 09/09/2024 18:15:51
