United India Insurance Co.Ltd. Thr. Its Divisioanl Office v. Mr. Nitin Madhukar Padule And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 244 OF 2023 Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2023.04.06 10:01:57 +0530 SHANTANU SHANKARSA DHUDUM United India Insurance Co. Ltd.

) Through its Divisional Office, ) Janata Shoppoing Centre, )....Appellant (Original Opp. No.3)

Versus

1. Mr. Nitin Madhukar Padule ) Age: 28 years, Occ:- Nil )....Respondent No.1 to 2 Original Claimants

2. Mr. Satish Madhukar Padule ) Age:- 24 years, Occ:- Education, ) Both R/O:- Chandaj, Tal:- Madha, ) Dist:p Solapur.

)

3. Mr. C. Kaliyappan Chikkanna Gounder ) Age:- 45, Occ:- Driver, ) R/o:-20, Anjukuzhi Patty, Vembarpatty, ) PO:- Dindigul, Tamil Nadu.

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4. Mr. U. P. Nallasami S/o Pallanisamy ) Age:- 45, Occ:- Transport, ) R/o:- 4/1, Tirpur Road, Kuttimakadu, ) Uttukuli R. S., Uttukuli Taluka ) Tirupur District, Tamil Nadu )....Respondents ----- Mr. Amol Gatne for the Appellant Mr. B. A. Lawate for the Respondent No. 1 & 2. ----- 1/5

CORAM : SHIVKUMAR DIGE, J.

DATE : 15th MARCH 2023.

JUDGMENT. :

1.

The issue involved in this appeal is agricultural income considered by the tribunal is on higher side. 2.

It is contention of learned counsel for the appellant that the tribunal has considered pension of deceased at Rs. 21,663/- and agricultural income at Rs. 2,00,000 per year, which is exorbitant and excessive and on higher side.

3.

Learned counsel further submit that the tribunal ought to have considered the fact that the agricultural income cannot be considered as a income because after the death of deceased the agricultural income is getting to his family. The tribunal should have considered supervisory income. Hence, requested to allow the appeal. 4.

Learned counsel for the claimants submits that it has come on record that deceased was getting income from agricultural land and on that basis the tribunal has considered the income. Hence, no interference is required in it.

2/5

5.

I have heard both learned counsel, perused judgment and order passed by the Motor Accident Claim Tribunal, Solapur (for short 'the tribunal'). To prove agricultural income of deceased. The claimant no. 1 Nitin Padule, has stated that deceased was his father and they have one hector 80 R fertile land. In cross-examination this witness admitted that I do not have any account of the income of agricultural land. I do not have any proof to show that my father was getting income from agricultural land and it is true that as per 7/12 extract filed by this witness his father own's 20 R agricultural land. In my view when this witness admitted in cross-examination that his father own's 20 R agricultural land and no documents in respect of income of Rs.2,00,000/- was produced before the tribunal. The amount of Rs.

2,00,000/- has considered by the tribunal is on higher side. Hence I am considering Rs.5,000/-per month income for agriculture supervision it comes to Rs. 60,000/- per annum. Considering above calculations the claimants are entitled for following compensation. Per month pension Rs. 21,633/- per month for Agricultural supervision Rs. 5,000/- Per month Income Rs. 26,633/- Per annum income Rs. 26,633 X 12 = Rs.

1/3 deduction Rs. 03,19,596/3 (1/3 deduction) Multiplier ---------------------------------- Rs. 02,13,064 X 11 Pecuniary loss to dependents Rs. 23,43,704/- 10% Future Prospects + Rs. 02,34,370/- Funeral Expenses + Rs. 15,000/- Loss of Consortium + Rs. 40,000/- Loss of estate + Rs. 15,000/- Total amount -------------------------- Rs. 26,48,074/- The tribunal has awarded amount of Rs. 37,77,440/- as per the calculation of this Court amount comes to Rs. 26,48,074/- if this amount deducts from the amount considered by the tribunal, it comes to Rs. 11,29,366/- this is excess amount. 6.

In view of above, I pass following order.

ORDER

i.

Appeal is allowed .

ii.

The claimants are entitled for the compensation of Rs. 26,48,074/- @ rate of interest awarded by the tribunal.

iii.

The appellant is permitted to withdraw 4/5

the excessive amount of Rs. 11,29,366/- along with accrued interest thereon.

iv.

The claimants are permitted to withdraw the amount along with accrued interest thereon.

v.

The statutory amount be transmitted to the tribunal along with accrued interest thereon. The parties are at liberty to withdraw it as per Rule.

(SHIVKUMAR DIGE, J.) 5/5