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Bombay High Court
Pramila Rohitkumar Yadav And Ors. vs Maharashtra State Road Transport ... on 5 December, 2025
2025:BHC-AS:54107
Shubhada S Kadam 25-fa-1758-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1758 of 2025
1 Primal Rohitkumar Yadav,
Aged about 37 years.
2 Ritikumar Rohitkumar Yadav,
Aged about 21 years.
3 Deepanshu Rohitkumar Yadav,
Aged about 20 years.
4 Jaldhari Dyaneshwar Yadav,
Aged about 64 years.
5 Beladevi Jaldhari Yadav, Orig.
Aged about 62 years. Claimants
Appellants
All R/at : Yadav Nagar, Krishna Chawl,
Airoli, Navi Mumbai.
versus
1 Maharashtra State Road Transport Corporation,
Belassis Road, Mumbai Central,
Mumbai - 400 005.
2 Namdeo Damaji Mokal, .... Respondents
Adult, Occupation : Driver,
R/at Roha, Tal. Roha,
Dist. Raigad
Ms. Ketki Gokhale, Advocate for the Appellants.
Mr. Sumedh S. Gaikwad i/b. Mr. Dhanajayrao Rananaware, Advocate for
Respondents.
CORAM : R. M. JOSHI, J.
DATE : 5th DECEMBER, 2025.
Judgment :
1. This appeal is for enhancement of the compensation granted
SHUBHADA
SHANKAR
KADAM by the Tribunal by judgment and award dated 21 st November 2018 in
Digitally signed by
SHUBHADA
SHANKAR KADAM M.A.C.P.No.997 of 2007.
Date: 2025.12.10
18:24:50 +0530
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2. The appellants are claimants and they seek enhancement of
Compensation on the following grounds :
1. That the Tribunal has wrongly held the driver of
the tanker i.e. deceased to be negligent to the
extent of 40%.
2. Future prospects are not considered.
3. Filial consortium is not claimed.
3. Learned counsel for the claimants has drawn attention of the
Court to the observations of the Tribunal in paragraph 11 relying upon the
statements of witnesses to the accident. According to her, the said
statements indicate that the S.T. Bus was being driven in high speed and
as the driver lost control over the said vehicle, it gave dash to the vehicle
driven by the deceased. It is her contention that the Tribunal has
committed error in accepting the negligence to the extent of 40% solely on
the ground that damage was caused to both vehicles. With regard to
future prospects, it is her contention that 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 the same. Similarly,
reference is made to the judgment of Hon'ble Apex Court in the case of
Magma General Insurance Co. Ltd. vs. Nanu Ram, 2018 ACJ 2782
(SC), to seek filial consortium which is not directed to be paid by the
Tribunal.
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4. Learned counsel for the respondent No.1-MSRTC opposed the
appeal. It is submitted that the Tribunal has recorded findings on the
basis of evidence on record and hence, the same does not require any
interference. Insofar as the other claims, the appeal is opposed.
5. At the outset, it needs to be recorded that the MSRTC has not
taken exception to the findings recorded by the Tribunal in the impugned
judgment and award.. In paragraph 11 of the award, the Tribunal has
specifically recorded the statements of two witnesses indicating that the
State Transport bus was being driven at high speed and after having lost
control over the vehicle, it dashed against the vehicle driven by the
deceased. This Court finds substance in the contention of learned counsel
for the appellant that in view of the said evidence, no negligence could
have been attributed to the deceased. The Tribunal has committed an
error in attributing the negligence to the extent of 40% against the
deceased only on the ground that both vehicles were damaged.
Obviously, if two vehicles collided, damage would be caused to both
vehicles but that does not lead to inference that both drivers are negligent
unless proved so. The evidence on record and more particularly, the
findings recorded by the Tribunal do not indicate any negligence on the
part of the deceased in the occurrence of the accident.
6. There is no dispute about the fact that the deceased was aged
about 27 years at the time of the accident. The Tribunal has considered
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notional income for the purpose of computation of compensation amount,
however, the future prospects are not granted in view of the judgment in
case of Pranay Sethi(supra). The claimants, therefore, are entitled to
receive future prospects to the extent of additional 40% amount. Similarly
filial consortium has not been granted. In view of the judgment in case of
Magma General Insurance Co. Ltd.(supra), the claimants are entitled
for the same.
7. The Tribunal has applied multiplier of 18 incorrectly. Having
regard to the age of the deceased and in view of principles laid down in
Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr. reported
in (2009) 6 SCC 121, the correct multiplier would be 17, as deceased was
aged 27 years.
8. Considering the above calculations, the claimants are entitled
for following compensation :
Particulars Rs. Amount
Annual Income (Rs.4000/- x 12) Rs. 48,000.00
40% future prospects Rs. 19.200.00
Total Rs. 67,200.00
1/4 deduction towards personal expenses Rs. 16,800.00
Total Rs. 50,400.00
Rs.50,400/- x 17 (multiplier) Rs. 8,56,800.00
Consortium (Rs.48,000/- x 5 (claimants)) Rs. 2.40.000.00
Funeral Expenses Rs. 15,000.00
Loss of Estate Rs. 15,000.00
Pain and suffering Rs. 10000.00
Total Compensation Rs. 11,36,800.00
Less Awarded by Tribunal Rs. 4,36,800.00
Enhanced Compensation Rs. 7,00,000.00
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The Tribunal has awarded Rs.4,36,800/-, if this amount is
deducted from the amount of Rs.11,36,800/- considered by this Court, it
comes to Rs.7,00,000/-. The claimants are entitled for this amount.
9. In view of above, I pass the following order :
ORDER
(1) The appeal is partly allowed. The impugned judgment
and award dated 21st November 2018 in M.A.C.P.No.997
of 2007 is modified in following terms :
(i) The original claimants are entitled for enhanced
compensation of Rs.7,00,000/-@ 7.% interest per annum
from the date of filing claim petition till realisation of the
amount.
(ii) Respondent No.1-MSRTC shall deposit the enhanced
amount along with accrued interest thereon within eight
weeks from the receipt of this order.
(iii) The original claimants are permitted to withdraw the
enhanced amount along with accrued interest thereon.
(iv) The claimants shall pay deficit court fees on enhanced
amount, if any, as per Rule.
(v) Record and Proceedings be sent back to the Tribunal.
9. Pending applications, if any, stand disposed of.
(R. M. JOSHI, J.)
