Bombay High Court
Sunanda Shankar Jadhav And Ors. vs Arun Sukdeo Kapadnis And Ors. on 7 August, 2025
Author: Shivkumar Dige
Bench: Shivkumar Dige
2025:BHC-AS:35166
Shubhada S Kadam 903-FA-2114-2006-Judgment.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 2114 OF 2006
1 Smt. Sunanda Shankar Jadhav
Age : 32, Occ. Housewife
2 Kumar Suresh Shankar Jadhav
Age 14, Occ. Education
3 Miss Ratna Shankar Jadhav
Age 12, Occ. Education
4 Miss Suvarna Shankar Jadhav
Age 10, Occ. Education
5 Miss. Jaya Shankar Jadhav
Age 8, Occ. Education
6 Kumar Kailas Shankar Jadhav
Age 5, Occ. Nil
7 Mr. Vishwanath Namdeo Jadhav
Age 69, Occ. Labour
8 Mrs.Bhimabai Vishwanath Jadhav
Age 64, Occ. Labour
Nos. 2 to 6 being minors through their natural
guardian mother No.1
All are residents of : Pimpalgaon
Chhabadi, Taluka Chandwad, District- Nashik ... Appellants
Versus
1 Mr. Arun Sukdeo Kapadnis
Major, Occ. Driver
R/o. Virgaon, Taluka Satana, District- Nashik
2 Mr. Eknath Shivaram Jondhale
Major, Occ. Transport,
R/o. Shirod, Post Adgaon, Taluka Chandwad,
District - Nashik
3 The Manager,
The National Insurance Co. Ltd.
Bytoo Chowk, Nashik-Raod, District - Nashik ... Respondents
SHUBHADA Mr. Sachin Kadam, Advocate for the Appellants.
SHANKAR Mr. Sharad Bhosale i/b. Mr. Dilip Bodke, Advocate for Respondent No.2.
KADAM Ms. Urmila Sanil, Advocate for Respondent No.3.
Digitally signed by
SHUBHADA CORAM : SHIVKUMAR DIGE, J.
SHANKAR KADAM
Date: 2025.08.14
DATE : 7th AUGUST, 2025.
12:56:35 +0530
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Shubhada S Kadam 903-FA-2114-2006-Judgment.doc
Judgment :
1. By this appeal, the appellants/claimants are seeking
enhancement of compensation.
2. It is contention of learned counsel for the appellants that the
Tribunal has not awarded future prospects, wrong multiplier is applied and
consortium amount is awarded on lower side.
3. It is contention of learned counsel for Respondent No.3-
Insurance Company that the Tribunal has passed well reasoned order, no
interference is required in it and requested to dismiss the appeal.
4. Learned counsel for respondent No.2 submitted that
appropriate order be passed.
5. I have heard all learned counsel, perused the judgment and
order passed by the Motor Accident Claims Tribunal, Nashik (for short
"the Tribunal").
6. While awarding compensation, the Tribunal has not awarded
future prospects. As per the view of Hon'ble Apex Court in the case of
National Insurance Co. Ltd. vs. Pranay Sethi & Ors. reported in
(2017) 16 SCC 680, the claimants are entitled for 40% future prospects.
7. The Tribunal has applied multiplier of 15. At the time of the
accident, the age of the deceased was 32 years. Hence, proper multiplier
is 16 and I am considering it.
8. The Tribunal has not awarded consortium amount. As per the
view of Hon'ble Apex Court in Magma General Insurance Co. Ltd. vs.
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Shubhada S Kadam 903-FA-2114-2006-Judgment.doc
Nanu Ram, 2018 ACJ 2782 (SC), each claimant is entitled to Rs.48000/-
as consortium amount, Rs.18,000/- for loss of estate and Rs.18000/- for
funeral expenses.
9. Considering the above calculations, the claimants are entitled
for following compensation :
Particulars Rs. Amount
Annual Income (Rs.5000/- x 12) Rs. 60,000.00
40% future prospects Rs. 24,000.00
Total Rs. 84,000.00
1/3rd deduction towards personal Rs. 28,000.00
expenses
Total Rs. 56,000.00
Rs.56,000/- x 16(multiplier) Rs. 8,96,000.00
Consortium (Rs.48,000/- x 8 (claimants) Rs. 3,84,000.00
Funeral Expenses Rs. 18,000.00
Loss of Estate Rs. 18,000.00
Total Compensation Rs. 13,16,000.00
The Tribunal has awarded Rs.64,500/-, if this amount is
deducted from the amount of Rs.13,16,000/- considered by this Court, it
comes to Rs.12,51,500/-. The claimants are entitled for this amount.
10. In view of above, I pass the following order :
ORDER
(1) The appeal is allowed.
(2) The claimants are entitled for enhanced compensation of
Rs.12,51,500/- @ 7.5% interest per annum from the date
of filing claim petition till realisation of the amount. Out of
Shubhada S Kadam 903-FA-2114-2006-Judgment.doc
this amount, Rs.4,20,000/- is consortium amount, the
claimants are entitled @ 7.5% interest per annum on this
amount from 1st November 2017 till realisation of the
amount.
(3) Respondent No.3-Insurance Company shall deposit the
enhanced amount along with accrued interest thereon
within eight weeks from the receipt of this order.
(4) The claimants are permitted to withdraw the enhanced
amount along with accrued interest thereon.
(5) The claimants shall pay deficit court fees on enhanced
amount, if any, as per Rule.
(6) Record and Proceedings be sent back to the Tribunal.
8. Pending applications, if any, stand disposed of.
(SHIVKUMAR DIGE, J.)
