Bombay High Court
The New India Assurance Co. Ltd., Thr. ... vs Smt. Laxmi Suresh Ambedare And Others on 4 April, 2025
2025:BHC-NAG:4064
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO. 1111 OF 2024
APPELLANT : The New India Assurance Co. Ltd.
Through its Branch Manager, Gondia,
through its Regional Manager,
Regional Office Dr. Ambedkar Bhavan,
M.E.C.L. Premises, 4th Floor,
High Land Drive, Seminary Hills, Nagpur.
VERSUS
RESPONDENTS : 1]Smt. Laxmi Wd/O Suresh Ambedare,
Aged about 55 years, Occu. Household,
R/o Ganesh Nagar, Gondia,
Dist. Gondia.
2] Ramesh S/o Domesh Brahmankar,
Aged about 48 years, Occu. Ownwer of Auto
R/o Gudma, Post Daqttora, Dist. Gondia
3] Ramesh S/o Ramdas Aagde,
A/a 28 years, Occu. Driver, R/o Ward No.2,
Goregaon, Tah. Goregaon, Dist. Gondia
(Deleted as per Court's order dtd. 24.10.2024)
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Mr. M. B. Joshi, Advocate for the appellant.
Mr. Kabir Jhamle with Mr. Aniruddha Suneri, Advocates for respondents
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CORAM : M. W. CHANDWANI, J.
DATED : APRIL 04, 2025
ORAL JUDGMENT
1. Heard. ADMIT. Taken up for final disposal forthwith by
consent of the learned counsel for the parties.
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2. A limited challenge is made to the award dated 01.03.2019,
passed by the Chairman, Motor Accident Claims Tribunal, Gondia in
M.A.C.P. No. 128/2016.
3. Deceased Suresh Mahadeorao Ambedare died in a vehicular
accident on 14.08.2015. The offending vehicle i.e. auto rikshaw bearing
registration No. MH-35/K-1544, which was involved in the accident was
insured with the appellant-Insurance Company. The Tribunal held the
driver of the auto rikshaw responsible for negligence and granted
compensation to the claimant/dependent i.e. wife of deceased Suresh
Ambedare to the tune of Rs.57,81,472/- along with interest @ 7% per
annum from the date of the petition.
4. The ground raised in the appeal is that, in spite of producing
the salary certificate of the deceased (Exh.34) on record showing his gross
monthly income as Rs.69,139/-, the Tribunal wrongly assessed his monthly
income as Rs.79,326/- and accordingly, assessed loss of dependency of
respondent no.1 which resulted in an erroneous calculation. Hence, the
appeal.
5. Learned counsel for the respondents initially resisted the
submission but ultimately conceded that the gross monthly income of the
deceased according to the salary certificate is Rs.69,139/-, which is the
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amount that has to be taken while assessing loss of dependency of the
claimant/respondent no.1.
6. Perusal of the salary certificate (Exh.34) of the deceased
shows that the gross salary of deceased Suresh was Rs.69,139/-. It further
shows statutory deduction of Rs.7,619/- towards Income Tax and Rs.300/-
towards Professional Tax which makes a total of Rs.7,919/-. Needless to
mention, while assessing the income, statutory liability i.e. income tax and
professional tax is to be deducted. Thus, the amount of gross monthly
income of the deceased is to be reduced by Rs.7,919/-. The figure of gross
monthly income (Rs.69,139/- (-) Rs.7,919/-) comes to Rs.61,220/-. It
appears that future prospects, as held in National Insurance Co. Ltd. .VS.
Pranay Sethi, reported in 2017 (16) SCC 680, was not granted by the
Tribunal. Considering the age of the deceased, 15% towards future
prospects are required to be added. Therefore, the impugned award is
required to be corrected to that extent.
7. In view of the above, respondent no.1 is entitled to the
following compensation towards loss of dependency and other benefits :-
S. No. Particulars Amount
1. Gross monthly income Rs. 61,220/-
2. Gross annual income (Rs.61,220/- x 12) Rs. 7,34,640/-
3. Add - 15% future prospects Rs. 1,10,196/-
Total (2 +3) :- Rs. 8,44,836/-
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4. Less - 1/3rd towards personal expenses Rs. 2,81,612/-
5. Total annual dependency Rs. 5,63,224/-
6. Multiplier of "9" (applied by the Tribunal)
7. Thus, total compensation under the head of loss
of dependency comes to - (Rs.5,63,224/- x 9) Rs. 50,69,016/-
8. Add - Under Conventional Head Rs. 70,000/-
towards loss of consortium - Rs. 40000/-
loss of estate - Rs. 15000/-
future prospect - Rs. 15000/-
(granted by the Tribunal vide impugned award)
9. Total amount of compensation (including NFL) Rs.51,39,016/-
8. Accordingly, the First Appeal is partly allowed.
9. Respondent no.1/claimant is entitled to the compensation
amounting to Rs. 51,39,016/- (Rupees Fifty one lakhs Thirty Nine thousand
and Sixteen only). Rest of the award shall remain intact.
10. The excess amount, if any, deposited shall be refunded to the
appellant-Insurance Company.
11. The First Appeal stands disposed in the above terms. No order
as to costs.
(M.W.Chandwani, J.)
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 21/04/2025 19:43:57
