Bombay High Court
Manik Narhari Dande vs Alhaj Riyaz Mohammad And Ors on 21 July, 2025
2025:BHC-AUG:18915
-1-
FA-504-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 504 OF 2020
Manik S/o. Narhari Dande,
Age : 52 years, Occu. : Labour,
R/o. Azad Chowk, Latur, Tq. Latur,
Dist. Latur. ... Appellant
(Orig. Claimant)
Versus
1. Alhaj Riyaz Mohammad,
Age : 37 years, Occu. : Driver,
R/o. 5-1-114, Osmanpura,
Jagtiyal, Karim Nagar,
Andhra Pradesh
2. Jalil Mohammad Khajamiya,
Age : Major, Occu. : Business,
R/o. H. No. 7-7-132, Mukrampura,
Jagtiyal, Karim Nagar,
Andhra Pradesh
3. The Branch Manager,
Cholamandalam M. S.
Ganeral Insurance Co. Ltd.
CTS No. 14356, 3rd Floor, Oberai Tower,
Near Amarpreet Hotel, Jalna Road,
Aurangabad.
Tq. & Dist. Aurangabad. ... Respondents.
......
Mr. N. D. Kendre, Advocate for Appellant.
Mr. Rahul Deshmukh, Advocate for Respondent Nos.1 and 2.
Mr. A. S. Usmanpurkar, Advocate for Respondent No.3.
......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 08 JULY 2025
PRONOUNCED ON : 21 JULY 2025
-2-
FA-504-2020
JUDGMENT :
1. Original claimant has preferred instant appeal, getting
dissatisfied by the judgment and order passed by learned Motor
Accident Claims Tribunal, Latur dated 02.04.2019 in M.A.C.P. No.
262 of 2014. Parties are referred to as per their status in the trial
court.
BRIEF FACTS
2. Deceased Sitabai was crossing the road on 18.02.2014
while she was returning back from hospital. One Eicher Tempo
bearing No.AP-15-TB-9610 came in rash and negligent manner in
high speed and gave dash to deceased Sitabai, causing her grievous
injuries, to which she succumbed. Crime was also registered
against driver of the Eicher Tempo. Present appellant set up
accident claim bearing M.A.C.P. No.262 of 2014 seeking
compensation of Rs.4,41,000/- under various heads. However
restricted the claim to Rs.1,00,000/-. Compensation was sought
from respondent nos.1 to 3 jointly and severally. Claim petition
was resisted by respondents. After appreciating the evidence
adduced by claimant, learned Tribunal awarded compensation to
the tune of Rs.75,000/- with interest @7.5% per annum.
Feeling aggrieved by the same, instant appeal has been
preferred on various grounds mentioned in the appeal memo.
FA-504-2020
3. Heard. Primary contentions of learned counsel for
appellant is that, deceased Sitabai was working as housemaid and
was earning Rs.6,000/- per month. Her legal heir i.e. claimant has
sustained paralytic stroke and was rendered work less and was
completely depending upon the income of Sitabai. However, due to
her demise in accident, he loss her permanent source of income.
Learned counsel pointed out that, even learned Tribunal did not
grant any amount under the head non pecuniary damages and
even did not award compensation for loss of consortium.
4. Learned counsel for respondent - Insurance Company
strongly resisted and supported the award passed by learned trial
Court. However, he fairly conceded that amount of loss of
consortium not being apparently granted, he has no objection for
grant of the same.
5. In the trial court, though, complaint is filed by her
grandson, he is not examined. Claimant adduced his evidence at
Exh.26 and reiterated the contents of complaint. He has also
placed on record copy of complaint and spot panchanama.
Studying the same, no difficulty in holding that while deceased
Sitabai was crossing the road, she was given dash from backside.
FA-504-2020
Needless to say that there was rash and negligent driving on the
part of tempo driver.
6. As regards to entitlement of compensation is
concerned, claimant had restricted claim of Rs.1,00,000/-. Case set
up is that deceased Sitabai was the sole earning member, worked
as a housemaid. Though claimant has claimed that deceased
Sitabai was earning Rs.6,000/-. However, there being no distinct,
either oral or documentary evidence in that regard, learned
Tribunal appears to have considered notional income as Rs.1,500/-
per month. But, this court considers the said amount to be meager
one as even housemaids earned approximately over Rs.3,000 to
Rs.4,000/- per month by rendering service in couple of houses.
Therefore, in the opinion of this court, it would be just and proper
to consider notional income of Rs.4,000/- per month, instead of
Rs.1,500/-. According to claimants, he is disabled due to paralysis
and has also placed on record MRI reports and disability certificate
at Exhs.34 and 35 respectively. However, it is pertinent to note
that, in the Cause title, claimant has given his occupation as labour.
Therefore, this is contrary to the assertion that he has been
disabled from conducting any work for earning.
Claimant is sole dependent. Therefore, deducting the
amount towards personal expenses of deceased, half amount as
FA-504-2020
conceded by the learned counsel for respondent Insurance
Company, is required to be granted. Apparently no amount seems
to have been awarded under the head of loss consortium.
7. In view of the ratio laid down in National Insurance
Company Limited vs. Pranay Sethi and others, 2017 (16) SCC 680 ,
claimant is entitled for Rs. 40,000/- plus 20% (Rs.8,000/-) which
comes to Rs. 48,000/- towards consortium.
8. In view of the aforesaid discussion, claimant is entitled
for following compensation.
Sr. Heads Amount (Rs.)
No.
1. Annual Income 24,000/-
Rs.4,000 X 12 = 48,000/-
(½ deduction towards personal expenses
i.e.48,000 - 24,000=24,000/-)
2. Multiplier of 5 (24,000 X 5) 1,20,000/-
3. Non-pecuniary Losses:-
(i) Loss of Estate
(as awarded by tribunal) 15,000/-
(ii) Funeral expenses
(as awarded by tribunal) 15000/-
(iii) Loss of consortium 48,000/-
4. Total compensation to be paid 1,98,000/-
5. Compensation awarded by Tribunal 75,000/-
6. Total Enhanced Compensation 1,23,000/-
(i.e. Rs.198,000 - 75,000)
FA-504-2020
9. In the result, following order is passed :-
ORDER
(i) Appeal is partly allowed with proportionate costs.
(ii) Impugned judgment and award dated 02.04.2019,
passed by District Judge - 4 and Ex-Officio Member
of Motor Accident Claims Tribunal, Latur in
M.A.C.P. No.262 of 2014 is modified.
(iii) Respondent no.3 - Insurance Company to pay
enhanced compensation of Rs.1,23,000/- to
claimant within 12 weeks from today along with
interest @ 7.5% per annum from the date of
registration of claim petition till its realization.
(iv) Modified award be prepared accordingly.
(v) Claimant to pay court fees on enhanced
compensation as per rules.
(vi) On deposit of the amount by Insurance Company,
appellant/claimant is permitted to withdraw the
same.
(ABHAY S. WAGHWASE, J.)
Tandale
