Bombay High Court
Smt. Sangita @ Sanjana Dashrath Phapale ... vs Shri Dickson Davis And Ors on 24 July, 2025
Author: Shivkumar Dige
Bench: Shivkumar Dige
2025:BHC-AS:32253
32-FA-162-2013 JUDGMENT.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 162 OF 2013
1. Sangita Alias Sanjana Dashrath ]
Phapale (Widow of the deceased) ]
Aged about 35 years. ]
2. Madhuri D. Phapale, ]
(Daughter of the deceased) ]
Digitally signed
by SHANTANU
SHANTANU SHANKARSA
Aged about 17 years. ]
SHANKARSA DHUDUM
DHUDUM Date:
2025.07.31
10:22:32 +0530
3. Sushama Alias Monika Dashrath ]
Phapale, ( Daughter of the deceased) ]
Aged about 15 years. ]
4. Nilam D. Phapale, ]
(Daughter of the deceased) ]
Aged about 14 years. ]
5. Rutuja Phapale ]
(Daughter of the deceased) ]
Aged about 12 years, ]
Appellant Nos.1 to 5 all are residing at ]
Post Gaon Belapur (Badagi), ]
Taluka Akale, District: Ahmednagar. ]
.... Appellants
Versus
1. Dickson Davis, ]
44, Clare Road , ]
Ismalia Co-Operative Housing Society Ltd. ]
Shop No. 7, Clare Road, ]
Byculla, Mumbai - 400 008. ]
1(a) V.O. Davis ]
father of Late Dickson Davis. ]
1(b) Josepheena Davis ]
Mother of Late Dickson Davis. ]
Shantanu S. Dhudum 1/5
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32-FA-162-2013 JUDGMENT.doc
1(c) Sapna Davis ] Amendment
wd/o Late Dickson Davis ] carried out
being heirs and legal representative of ] as per order
Late Dickson Davis ] dated 10th
presently all 1(a) to 1(c) ] April, 2014
residing at 44 Clare Road, ] passed by
Ismalia C.H.S.Ltd, Shop No.7, ] Hon'ble
Clare Road, Byculla, Mumbai 400 008. ] Shri. Justice
K. K. Tated
in C.A. No.
1305 / 2014
2. Oriental Insurance Company Limited, ]
th
Western Regional Office, Oriental House, 7 ]
Floor , 7 J. Tata Road, Churchgate, Mumbai ]
- 400 020. ]
3. Revubai Sonu Phapale ]
(Mother of the deceased) ]
Aged about 62 years, ]
residing at Post Goan Belapur (Bagadi) ]
Taluka Akale, District: Ahmednagar. ]
.... Respondents
-----
Ms. Ketki Gokhale i/b Mr. Avinash Gokhale, Advocate for the
Appellants.
None for the Respondents.
-----
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th JULY, 2025.
JUDGMENT. :
1. The issues involved in this appeal are future prospects is
not given, deduction amount for personal expenses and consortium
amount is awarded on lower side.
Shantanu S. Dhudum 2/5
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32-FA-162-2013 JUDGMENT.doc
2. It is contention of learned counsel for the Appellants that
the Tribunal has not awarded future prospects. There are six
Claimants, but the Tribunal has deducted 1/4 amount for personal
expenses, it should be 1/5. Learned counsel further submitted that
the Tribunal has awarded consortium amount on lower side, it be
awarded. Hence, requested to allow the appeal.
3. Though, the Respondents are served, none present for the
Respondents. The Appeal is of year 2013, hence, I am deciding this
appeal on merit.
4. I have heard learned counsel for the Appellants, perused
the judgment and order passed by the Motor Accident Claims
Tribunal, Mumbai (for short, "the Tribunal").
5. While awarding compensation, the Tribunal has
considered monthly income of the deceased at Rs.5,000/- per month,
but Tribunal has not awarded future prospects. As per 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. The Tribunal has deducted 1/4 amount for
personal expenses. There are six Claimants, hence, it should be 1/5.
The Tribunal has awarded consortium amount on lower side. As per
Shantanu S. Dhudum 3/5
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32-FA-162-2013 JUDGMENT.doc
view of Hon'ble Apex Court in the case of Magma General Insurance
Company Limited Vs. Nanu Ram 2018 ACJ2782 (SC), each Claimant
is entitled for Rs.48,000/- as consortium amount, Rs.18,000/- for
personal expenses and Rs.18,000/- loss of estate.
6. Considering above calculations, the Claimants are entitled
following compensation.
Monthly income Rs.5,000/-
Annual income Rs.60,000/-
Add: 40% future prospects Rs.24,000/-
Total income Rs.84,000/-
Less 1/5 deduction for personal expenses Rs.16,800/-
Total Rs.67,200/-
Multiplier 16 (Rs.67,200/- X 16) Rs.10,75,200/-
Loss of consortium Rs.48,000/- X (6 Rs.2,88,000/-
Claimants)
Loss of estate Rs.18,000/-
Funeral Expenses Rs.18,000/-
Total compensation Rs.10,99,200/-
Less: awarded by the Tribunal Rs.3,50,000/-
Enhanced amount Rs.10,49,200/-
7. In view of above, I pass following order:
ORDER
i. The Appeal is allowed.
ii. The Claimants are entitled for enhanced amount of
Rs.10,49,200/- @ 7.5% interest from the date of
32-FA-162-2013 JUDGMENT.doc
filing claim petition, till realization of the amount.
Out of this amount, Rs.3,24,000/- is consortium
amount, the Claimants' are entitled @ 7.5% interest
on it from 1st November, 2017, till realization of the
amount.
iii. The Respondent No.2 - Insurance Company shall
deposit the enhanced amount along with accrued
interest thereon, within period of six weeks after
receipt of this order.
iv. The Claimants are permitted to withdraw the
deposited amount along with accrued interest
thereon.
v. The Claimants shall pay the deficit Court fees on
enhanced amount, if any, as per Rules.
vi. Record and Proceedings be sent back to the
Tribunal.
8. All pending applications, if any, also stand disposed of.
( SHIVKUMAR DIGE, J.)
