Mukund Namdeo Atre And ANR. v. J.R.Enterprises And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 85 OF 2017
1. Mukund Namdo Atre Age-54, Occupation-Service } }
2. Mr.Abhijit Mukund Atre Age-35 years, Occ : Student Both R/at "Bhagyashri", Flat No.104, S.No.37, Kundan Park, Hingane, Pune-411 052.
} } } } (Org.
Applicants) ...Appellants
Versus
1. M/s.J.R. Enterprises Shree Apartments No.325, Kanari block, CA, 1st Floor, Bhivandi, District-Thane. } } }
2. National Insurance Co. Ltd.
Regional Office, "Asmani Plaza", 2nd Floor, Pune-411 004.
} } } (Org.Opponents)
...Respondents
---- Mr.Rushikesh S. Kale, for the Appellant.
Ms.Sneha S. Dwivedi, for Respondent No.2.
---- CORAM : SHIVKUMAR DIGE, J.
DATE : 3rd May 2024 ORAL JUDGMENT :- .
By this Appeal, the Appellants are seeking enhancement of the compensation.
N.S. Kamble page 1 of 4
2.
It is contention of the learned counsel for the Appellant that, the Claim Petition was filed under Section 163A of the Motor Vehicles Act, ('M.V. Act', for short). At the time of the accident deceased was below 18 years of the age. As per the second Schedule of Motor Vehicle Act, the income of the deceased should be from Rs.12,000/- to Rs.18,000/- per year. The Tribunal has considered notional income of the deceased at Rs.12,000/-, it should be Rs.18,000/-. Hence, requested to allow the Appeal.
3.
It is contention of the learned counsel for the Respondent-Insurance Company that, the Tribunal has considered all the aspects while passing judgment and order, no interference is required in it. Hence, requested to dismiss the Appeal.
4.
I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal ('The Tribunal' for short), Pune.
5.
While considering the income of the deceased, the Tribunal has considered monthly income of the deceased at N.S. Kamble page 2 of 4
Rs.12,000/-. As per second schedule it should be from Rs.12,000/- to Rs.18,000/-. At the time of accident deceased was around 18 years of age hence, I am considering Rs.16,000/- as yearly income of the deceased. Considering the yearly income of Rs.16,000/-, the Claimant's are entitled for following compensation.
Particulars Amount Yearly Income (As per Second Schedule) Rs.16,000.00 Total Income & Age of deceased considered by the Tribunal is 19) 16,000 x 19 = 3,04,000 Rs.3,04,000.00 Reduced 1/3rd from Total Income Rs.3,04,000/-(-) Rs.1,01,333/- = Rs.2,02,667/- Rs.2,02,667.00 Awarded Compensation Rs.1,52,000/- Rs.1,52,000.00 Total Enhanced amount Payable Rs.2,02,667/- (-) Rs.1,52,000/- Rs.50,667.00 6.
In view of above, I pass following order.
ORDER
(i) The Appeal is allowed.
(ii) The Claimant's are entitled for enhanced amount Rs.50,667/- @ 7.5% interest per annum from date of the filing of the Claim Petition till N.S. Kamble page 3 of 4
realization of the amount.
(iii) The Respondent-Insurance Company shall deposit the enhanced amount along with accrued interest thereon within 6 weeks after receipt of this order.
(iv) The Claimant is permitted to withdraw the deposited amount alongwith interest.
(v) All pending Civil and Interim Applications are disposed of.
(SHIVKUMAR DIGE, J.) by NILAM SANTOSH KAMBLE Date:
2024.05.22 13:41:22 +0530 NILAM SANTOSH KAMBLE N.S. Kamble page 4 of 4