[Cites 2, Cited by 0]
Bombay High Court
Shaikh Waseem S/O Shaikh Nasim And 5 Ors vs Chandrasen S/O Sheetu And 2 Ors on 23 January, 2026
2026:BHC-NAG:1115
1 fa42.2015.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
FIRST APPEAL NO.42/2015
1. Shaikh Waseem S/o Shaikh Nasim,
aged about 21 Years,
2. Shaikh Mohsin S/o Shaikh Nasim,
aged about 19 Years,
3. Shaikh Yasin S/o Shaikh Nasim,
aged about 16 Years,
4. Shaikh Salman S/o Shaikh Nasim,
aged about 15 Years,
5. Ku. Heena Kauser D/o Shaikh Nasim,
aged about 12 Years,
6. Ku. Neha Kauser D/o Shaikh Nasim,
aged about 8 Years.
Appellant Nos.3 to 6 minors
by the Guardian Appellant No.1
Appellant Nos.1 to 6 all are
Resident of Pathrot, Tq. Achalpur
City, District Amravati. ... Appellants
(on R.A. Ori. Petitioners)
- Versus -
1. Chandrasen S/o Sheetu,
aged about Adult, R/o Damajipura,
Bhaisdehi, Tq. Bhaisdehi,
District Baitul (M.P.)
2. Chandu S/o Gopi Totha,
aged about 29 Yrs.,
2 fa42.2015.odt
R/o Damajipura,
Bhaisdehi, Tq. Bhaisdehi,
District Baitul (M.P..) Appeal is abated against
Respondent No.2 vide
R(J.) order Dtd.9.6.2012.
3. United India Insurance Company
Limited, through its Divisional
Manager, Badnera Road, Amravati,
Tq. and Distt. Amravati. ... Respondents
(on R.A. Ori. Respondents)
-----------------
Mr. M.V. Bute, Advocate for the Appellants.
Mr. D. Chatterjee h/f. Mr. B. Lahiri, Advocate for Respondent No.3.
----------------
CORAM: NEERAJ P. DHOTE, J.
DATE OF RESERVING THE JUDGMENT: 16.01.2026.
DATE OF PRONOUNCING THE JUDGMENT: 23.01.2026.
JUDGMENT
This is the Appeal under Section 173 of the Motor Vehicles
Act, 1988 (for short "MV Act") preferred by the original
claimants for enhanced compensation. The learned Motor
Accident Claims Tribunal (for short "MACT) awarded the
compensation of Rs.1,00,000/- with interest at the rate of 7.5%
per annum from the date of claim petition till its realization vide
judgement and order dated 04.01.2008 in M.A.C.P.
No.101/2003.
2. The Appellants being the sons and daughters of deceased
Shaikh Nasim Shaikh Yaqob have filed the above referred claim
petition contending that their father (deceased) met with a motor
vehicular accident on 10.05.2002 while he was travelling on the
3 fa42.2015.odt
motorcycle near the civil Court, Dharni when the tractor gave
dash to the motorcycle. Deceased succumbed to the injuries.
They claimed the compensation of Rs.10,00,000/- with interest at
the rate of 18% per annum. They led the evidence in support of
the claim petition. By the above referred judgment and
order/award the learned Tribunal partly allowed the claim.
3. It is submitted by the learned Advocate for the Appellants
that, though the claimants failed to adduce the evidence in
respect of the income of the deceased, the learned Tribunal
considered the notional income of Rs.2,000/- per month which
was at lower side and the same needs to be considered at
Rs.3,000/- per month. He submitted that other consequential
benefits be granted in accordance with law.
4. Learned Advocate for the Insurance Company i.e.
Respondent No.3 submits that, the learned Tribunal has rightly
considered the matter and granted an appropriate compensation
and no interference was called for.
5. Undisputedly, this Appeal is preferred on the ground of
quantum. There is no dispute the aspects that the deceased
succumbed to the injuries suffered in the motor vehicular
accident and the offending vehicle was insured with the
4 fa42.2015.odt
Respondent No.3 Insurance Company at the time of accident.
The office note shows that the Appeal abated as against the
Respondent No.2 and none appeared for the Respondent No.1.
The accidental death was the result of the accident dated
10.05.2002. Undisputedly, no evidence was led by the claimants
before the learned Tribunal to prove the income of the deceased.
Under such circumstances, notional income of the deceased will
have to be considered. The unskilled labour, at the relevant
point of time, would be gaining Rs.100/- per day as the wages.
Considering the deceased as the unskilled labour, his per day
income of Rs.100/- can safely be considered, resultantly the
monthly income as Rs.3,000/-. Thus, the notional income of the
deceased is considered as Rs.3,000/- per month.
6. Considering the judgments in the case of Sarla Verma and
others V/s. Delhi Transport Corporation and another , (2009) 6
SCC 121, in National Insurance Company Ltd. V/s. Pranay Sethi
and others, (2017) 16 SCC 680 an in Magna General Insurance
Co. Ltd. V/s. Nanu Ram and others , 2019 (4) Mh.L.J. 1 the
Appellants would be entitled to the other benefits.
7. The age of the deceased, as seen from the record, at the time
of accidental death, appears to be 47 years. The Appellants are 6
in number and, therefore, there will be 1/4th deduction towards
5 fa42.2015.odt
personal and living expenses. The compensation is computed as
under:-
1. Monthly income of the deceased (Rs.3,000)/- Rs. 3,750/-
plus 25% addition towards future prospects
(Rs.750/-)
2. Yearly income after addition of 25% future Rs. 45,000/-
prospects come to (Rs.3,750/- x 12)
3. Amount after 1/4th deduction towards personal Rs. 33,750/-
and living expenses (Rs.45,000/- minus 11250/-)
Total Income
4. Annual Income of the deceased Rs. 4,38,750/-
Rs.33,750/- x 13 multiplier as per age.
5. Consortium @ per claimant towards filial Rs. 2,40,000/-
consortium for 6 claimants (Rs.40,000/- x 6)
6. Funeral expenses Rs. 15,000/-
7. Loss of estate Rs. 15,000/-
Total compensation payable to the claimants Rs. 7,08,750/-
8. For the aforesaid reasons, I pass the following order:-
(i) Compensation awarded by the Tribunal stands modified to
Rs.7,08,750/-.
(ii) The other directions in the operative order shall remain
intact.
(iii) Award be drawn up accordingly.
(iv) Record and proceedings be sent back to the learned
Tribunal.
(NEERAJ P. DHOTE, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PS To Honourable Judge
Date: 23/01/2026 13:26:54
