Bombay High Court
Smt. Kamal Wd/O Sandip Shinde vs Dulichand S/O Hariprasdji Chawan And ... on 12 September, 2024
Author: M.W. Chandwani
Bench: M.W. Chandwani
2024:BHC-NAG:10727
24.fa.39.20.jud.doc 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.39 OF 2020
Appellant : : Smt. Kamal wd/o Sandip Shinde,
(Ori. Claimant on R.A.) Aged about 23 years, Occ. Household,
R/o Wakalwadi, Tq. Malegaon, Dist. Washim.
- Versus -
Respondents : : 1) Dulichand s/o Hariprasadji Chawan,
(Ori. Respondents on R.A.) Aged about 53 years, occ. Driver,
R/o Village Chayni, Tq. Kalapipal,
Dist. Shajapur (M.P.)
Matter is dismissed against 2) Jasveer Singh Khanuja s/o Jagdishsingh Khanuja,
Respondent No.2 in view
of Reg(J) Order
R/o Singh Carrying Corporation, 164, T.P. Nagar,
dated 02/04/2024) Indore, Tq. & Dist. Indore (M.P.)
3) United India Insurance Co. Ltd.,
Indore through it's Divisional Manager,
R/o Rajasthan Bhavan, Old Cotton Market, Akola,
Tq. & Dist. Indore (M.P.)
4) Dilip s/o Nagoji Shinde,
Aged about 50 years, Occ. Labour,
R/o Wakalwadi, Tq. Malegaon, Dist. Washim.
5) Sau. Sugandhabai w/o Dilip Shinde,
Aged about 48 years, Occ. Labour,
R/o Wakalwadi, Tq. Malegaon, Dist. Washim.
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Ms. Aastha Sharma h/f Mr. P.R. Agrawal, Advocate for the Appellant.
Mrs. Anita Mategaonkar, Advocate for Respondent No.3.
Mr. A.S. Ambadkar, Advocate for Respondent Nos.4 and 5.
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CORAM : M.W. CHANDWANI, J.
DATE : 12th SEPTEMBER, 2024.
ORAL JUDGMENT :
With the consent of learned Counsels for the parties, the appeal
is taken up for final hearing.
02. Admit.
03. Correctness of the award dated 23/02/2017 passed by the Motor
Accident Claims Tribunal, Akola (hereinafter referred to as "Tribunal" for
short) in Claim Petition No.40/2016 is questioned in this appeal, whereby the
Tribunal has granted compensation of Rs.5,34,000/- along with interest at the
rate of 6% per annum to the appellant and respondent Nos.4 and 5 on
account of death of deceased Sandip Shinde in a vehicular accident that
occurred on 21/12/2015.
04. The wife of the deceased has filed this appeal for enhancement in
compensation mainly on the ground that notional income at the rate of
Rs.3000/- per month was assessed by the Tribunal instead of Rs.6,000/- per
month and the future prospects, consortium as well as other conventional
benefits have not been granted.
05. The contention is that the deceased was a labourer and aged
about 26 years at the time of his death, but while assessing notional income of
the deceased at Rs.3,000/- per month, the Tribunal calculated the income on
the basis of Rs.100/- per day, which is on the lower side. According to the
learned Counsel for the appellant, the deceased would have been earning at
least Rs.200/- per day, which was not considered by the Tribunal. To buttress
her submission, she seeks to rely on the decision of this Court in the case of
Kavita wd/o Ravindra Gurnule and another vs. Maharashtra State Roads
Transport Corporation and others1, wherein this Court has considered
notional income of the deceased, who died in the year 2012, at Rs.6,000/- per
month.
06. The learned Counsel appearing for the Insurance Company
objects the appeal on the ground that the Tribunal has rightly assessed the
notional income of the deceased at Rs.3,000/- per month, since the deceased
was a labourer and he may not be getting work regularly and therefore,
notional income at Rs.6,000/- claimed by the appellant will be on the higher
side.
07. It is to be noted that the accident occurred at the end of year
2015. Considering cost inflation of the year 2016, the income of an unskilled
labourer cannot be less than Rs.200/- per day. In my opinion, the notional
income of Rs.3,000/- per month, i.e. Rs.100/- per day, for an unskilled
labourer is too less. I, therefore, find substance in the argument of the
learned Counsel for the appellant that the notional income should be fixed at
the rate of Rs.6,000/- per month. So far as the submission of the learned
Counsel for the respondent that the deceased may not be getting work on a
1 2019(6) ALL.M.R.323
daily basis is concerned, since we are assessing the income on notional basis,
the objection does not sustain.
08. Needless to mention, according to the decision of the Supreme
Court in National Insurance Company Limited vs. Pranay Sethi and others 2,
the claimants are entitled towards future prospects at the rate of 40%, since
the deceased was below the age of 40 years. Apart from that, respondent Nos.
4 and 5 are entitled for spousal consortium and filial consortium at the rate of
Rs.40,000/-. That apart, the appellant and respondent Nos.4 and 5 are also
entitled towards loss of estate and funeral expenses at Rs.15,000/- each.
Accordingly, the appellant and respondent Nos.4 and 5 are entitled to the
following compensation:
1. Notional Income of the Deceased Rs. 6,000/-
2. Annual income of the deceased (Rs.6000/- x 12) Rs. 72,000/-
3. Less - 1/3rd deduction as per the judgment of Sarla Verma (-) Rs. 48,000/-
vs. Delhi Transport Corporation - (2009) 6 SCC
121(Rs.72,000 - Rs.24,000)
4. Add - 40% future prospects as per the judgment of National (+) Rs. 19,200/-
Insurance Co. Ltd. vs. Pranay Sethi (2017) 16 SCC 680
5. Salary for multiplier Rs. 67,200/-
6. Multiplier of 17 as per the judgment of Sarla Verma vs. (x) Rs. 11,42,400/-
Delhi Transport Corporation - (2009) 6 SCC 121, applicable
for the age group of 26 to 30 (Rs. 67,200 x 17) (Loss of
Dependency)
2 (2017) 16 SCC 680
7. Add : Loss of Consortium : (+) Rs. 1,20,000/-
Rs.40,000/- for each claimant as per the judgment of Magma
General Insurance Co. Ltd. vs. Nanu Ram (2018) 18 SCC
130 followed in United India Insurance Co. Ltd. vs. Satinder
Kaur - AIR 2020 (SC) 3076- (Rs.40,000/- x 3)
8. Add : Loss of Estate (+) Rs. 15,000/-
9. Add : Funeral Expenses (+) Rs. 15,000/-
10. Total compensation payable to the claimants (Rs.11,,42,400/- Rs. 12,92,400/-
+ Rs.1,20,000/- + Rs.15,000/- + Rs.15,000/-)
09. In view of the above, the appeal is partly allowed. Needless to
mention that considering the age of the widow and respondent Nos.4 and 5,
out of the compensation amount, Rs.5.00 lakhs be given to the appellant and
remaining balance amount along with interest accrued thereon shall be
equally distributed between respondent Nos.4 and 5.
10. Respondent No.3 is directed to deposit the enhanced
compensation along with interest at the rate of 6% per annum thereon from
the date of claim petition till realization of the amount with the Tribunal
within six weeks from today.
11. Decree be drawn up accordingly. There shall be no order as to
costs.
(M.W. CHANDWANI, J.)
*sandesh
Signed by: Mr. Sandesh Waghmare
Designation: PS To Honourable Judge
Date: 26/09/2024 15:28:02
