Bombay High Court
Tukaram Pandurang Shirsagar And Ors. vs Balu Shivram Thombre And Anr. on 7 August, 2025
Author: Shivkumar Dige
Bench: Shivkumar Dige
2025:BHC-AS:35177
Shubhada S Kadam 4-FA-2418-2005-Judgment.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 2418 OF 2005
1 Shri. Tukaram Pandurang Shirsagar
Age 60 Yrs., Occupation: Nil
(Deceased)
(App. No.1 to be deleted forthwith since
deceased)
2 Sau Sindhu Tukaram Shirsagar
Age : 57 Yrs., Occupation : Household
3 Kum. Malati Tukaram Shirsagar
Alias Sau. Malati Kishor Borade
All Residing at Bhakaricha Pada,
Post Sugave, Tal : Karjat, Dist : Raigad Appellants
(Original
(Deleted) Applicants)
(App. No.3 to be deleted since deceased) ...
Versus
1 Shri. Balu Shivram Thombre
Age : Adult, Occupation : Business
R/o. Kashele, Taluka : Karjat,
Dist : Raigad
2 The New India Assurance Co. Ltd. Respondents
Division Office, Shreebag, Alibag, (original
Dist : Raigad ... Opponent)
Mr. Yogesh Pande a/w. Mr. Suhas B. Rohile, Advocates for Appellant
No.2.
Mr. S.B.Dange, Advocate for Respondent No.2.
SHUBHADA
SHANKAR
KADAM CORAM : SHIVKUMAR DIGE, J.
Digitally signed by
SHUBHADA DATE : 7th AUGUST, 2025.
SHANKAR KADAM
Date: 2025.08.14
12:56:36 +0530
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Judgment :
1. Heard learned counsel for the appellants. Learned counsel for
the appellants submitted that during the pendency of this appeal,
appellant Nos.1 and 3 died and appellant No.2 is the only legal heir of
appellant Nos.1 and 3, hence, the appellant be permitted to delete the
name of appellant Nos.1 and 3 from the cause-title of the appeal. Leave
granted. Necessary amendment be carried out forthwith.
2. The appeal is preferred by the appellants for enhancement of
compensation.
3. It is contention of learned counsel for the appellants that the
Tribunal has not awarded future prospects, consortium amount is
awarded on lower side and wrong multiplier is applied. Hence, requested
to allow the appeal.
4. It is contention of learned counsel for respondent No.2-
Insurance Company that the Tribunal has passed well reasoned order, no
interference is required in it and requested to dismiss the appeal.
5. I have heard both learned counsel, perused the judgment and
order passed by the the Motor Accident Claims Tribunal, Raigad, Alibag,
(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 , 2017 ACJ 2700( SC), the
claimants are entitled for 40% future prospects.
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7. The Tribunal has applied multiplier of 10. At the time of the
accident, the decease was 23 year old, hence, the proper multiplier is 18.
8. The Tribunal has awarded consortium amount on lower side.
As per the view of Hon'ble Apex Court in Magma General Insurance Co.
Ltd. vs. Nanu Ram, 2018 ACJ 2782 (SC), each claimant is entitled
for 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.1,500/- x 12) Rs. 18,000.00
40% future prospects Rs. 7,200.00
Total Rs. 25,200.00
1/2th deduction towards personal Rs. 12,600.00
expenses
Total Rs. 12,600.00
Rs.12,600/- x 18(multiplier) Rs. 2,26,800.00
Consortium (Rs.48,000/- x 3 (claimants)) Rs. 1,44,000.00
Funeral Expenses Rs. 18,000.00
Loss of Estate Rs. 18,000.00
Total Compensation Rs. 4,06,800.00
The Tribunal has awarded Rs.1,37,500/- if this amount is
deducted from the amount of Rs.4,06,800/- considered by this Court, it
comes to Rs.2,69,300/-. The claimants are entitled for this amount.
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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.2,69,300/- @ 7.5% interest per annum from the date
of filing claim petition till realisation of the amount. Out of
this amount, Rs.1,80,000/- 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.2-Insurance Company shall deposit the
enhanced amount along with accrued interest thereon
within three weeks from the receipt of this order.
(4) Now only claimant No.2 is alive. Hence, the appellant/
claimant No.2 is permitted to withdraw the deposited
amount along with accrued interest. The Tribunal is
requested to allow the claimant No.2 who is 84 year old
to withdraw the amount as early as possible and without
going into technicality. Claimant No.2 is permitted to
withdraw the enhanced amount along with accrued
interest thereon.
Shubhada S Kadam 4-FA-2418-2005-Judgment.doc
(5) The appellant/claimant No.2 shall pay deficit court fees
on enhanced amount, if any, as per Rule.
(6) Record and Proceedings be sent back to the Tribunal.
11. Leave to file joint vakalatnama of Advocates- Mr. Yogesh
Pande and Mr. Suhas Rohile.
12. Pending applications, if any, stand disposed of.
(SHIVKUMAR DIGE, J.)
