Smt. Devkubai Kashinath Mahtre And ORS v. Shri Shankar Ramchandra Bhagat And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.896 OF 2019

1. Smt. Devkubai Kasinath Mhatre

2. Miss Shubhangi Kashinath Mhatre

3. Mr Atul Kashinath Mhatre

4. Miss Jagruti Kashinath Mhatre

5. Master Gurunath Kashinath Mhatre

6. Smt.Vithabai Dhaya Mhatre All are R/at Thalekhar, Post Aamtem, Tal. Pen, District-Raigad } } } } } } } } ...Appellants NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.04.05 11:10:14 +0530

Versus

1. Shri.Shankar Ramchandra Bhagat At & Post Karade, Taluka.Shirul District-Pune } } } } } }

...Respondents

---- Mr.T.J. Mendon, for the Appellant.

Ms.Poonam Mital, for Respondent No.2.

2. The New India Assurance Co. Ltd 87, M.G. Road, Fort, Mumbai-400 001.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 29 MARCH 2023 JUDGMENT :- .

The issue's involved in this Appeal are the Tribunal has not awarded amount for future prospects, consortium and deduction of amount for personal expenses.

N.S. Kamble page 1 of 4

2.

It is contention of the learned counsel for the Appellant that the Tribunal has considered monthly income at Rs.12,276/- per month. While deducting the personal expenses, the Tribunal has deducted 1/3rd amount for personal expenses. There are six Claimants, it should be 1/4th. The learned counsel further submits that the Tribunal has awarded consortium and amount for funeral expenses on lower side. Hence, requested to allow the Appeal.

3.

The learned counsel for Respondent-Insurance Company submits that while awarding compensation the Tribunal has considered all the aspects and on that basis compensation is awarded, no interference is required in it. 4.

I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal, Alibag (for short 'the Tribunal').

5.

The Tribunal has deducted 1/3rd amount for personal expenses. There are six Claimants. Hence, it should be 1/4th. So, I am considering personal deduction amount as 1/4th. The Tribunal has not awarded consortium amount and future prospects. As per view of Hon'ble Apex Court in case of National Insurance Co. Ltd. vs. Pranay Sethi1, the Claimants are 1 2017 ACJ 2700 (SC) N.S. Kamble page 2 of 4

entitled 50% future prospects. As per view of Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd. vs. Nanu Ram2, the Claimants are entitled for Rs.40,000/- each with 10% increase as consortium amount and Rs.16,500/- for funeral expenses and Rs.16,500/- for loss of estate.

6.

In view of above calculations, the Claimants are entitled for following compensation.

Particulars Amount Income Rs.12,276.00 50% future prospects Rs.6,138.00 ---------------- Rs.18,414.00 Deduction towards personal expenses 1⁄4 Rs.4,603.00 --------------- Rs.13,810.50 Multiplier Dependency Rs.13,810 X 12 X 15 Rs.24,85,890.00 Loss of consortium Rs.44,000/- x 6(family members - filial and parental) Rs.2,64,000.00 Loss of Estate Rs.16,500.00 Funeral Expenses Rs.16,500.00 Total Compensation Rs.27,82,890.00 7.

Total compensation is Rs.27,82,890/-. The Tribunal has awarded Rs.6,87,744/-, if this amounts deducts from the amount considered by this Court, it comes to Rs.20,95,146/-. The Claimants are entitled for this amount.

2 2018 ACJ 2782 (SC) N.S. Kamble page 3 of 4

8.

In view of above, I pass following order.

ORDER

(i) Appeal is allowed.

(ii) The Claimants are entitled for enhanced amount of Rs.20,95,146/- @ 7.5% per annum from filing of the Claim Petition till realization of the amount. Out of this amount Rs.2,97,000/- is consortium amount. The Claimants are entitled interest @ 7.5% on this amount from 1 October 2017 till realization of the amount.

(iii) The Respondent's shall deposit enhanced amount within six weeks from receipt of the order along with accrued interest thereon.

(iv) The Claimants are permitted to withdraw deposited amount along with accrued interest thereon.

(v) All pending Civil Applications, if any, are disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 4 of 4