The National Insurance Company Limited v. Smt. Manisha Vijay Pawar And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 170 OF 2024 National Insurance Company Ltd.

Br. Ganeshchandra Chambers, Powai Naka, Satara, Mumbai Regional Office- III, Royal Insurance Building, 1st and 3rd Floor, 14.J Tata Road, Churchgate, Mumbai - 400 020.

....Appellant V/s.

1. Manisha Vijay Pawar Age:- 35 years, Occ- Household

2. Akash Vijay Pawar Age:- 12 years, Occ- Education

3. Rohit Vijay Pawar Age:- 10 years, Occ- Education Respondent Nos. 2 and 3 are minors represented through mother Respondent No.1 Manisha Vijay Pawar

4. Yamunabai Baburao Pawar Age:- 73 years, Occ- Household All R/o 172, Yadogopal Peth, Satara.

5. Salvador Igneses Fernandis Age:- 62 years, Occ:- Transport, R/o.

1999 Ana Terrese Villa Tarodi Gaon Uttan Road, Bhainder (West), Thane - 401106.

....Respondents Digitally signed by GANESH SUBHASH LOKHANDE Date:

2024.02.27 11:10:26 +0530 GANESH SUBHASH LOKHANDE Ganesh page 1 of 5

---- Mrs. S. S. Dwivedi, for the Appellant.

Mr. S. B. Deshmukh, for Respondent Nos.1 to 4. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 16th FEBRUARY, 2024 ORAL JUDGMENT:- 1.

The issues involved in this Appeal are income of deceased is considered on higher side and consortium amount is on higher side.

2.

It is contention of learned counsel for the Appellant-Insurance Company that the Tribunal has considered the monthly income of deceased at Rs.6,000 per month, which is on higher side. Learned counsel further submitted that the Tribunal has awarded Rs.4,25,000/- as consortium amount, which is excessive amount. Hence, requested to allow the Appeal.

3.

It is contention of the learned counsel for the Respondent-Claimant that while passing the judgment and order the Tribunal has considered all the aspects. On that basis, judgment and order is passed. Hence, no interference Ganesh page 2 of 5

is required in it.

4.

I have heard learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal, Satara ["The Tribunal" for short]. To prove the income of the deceased, the Claimants have examined. Claimant No1, PW1-Manisha Pawar, wife of deceased. She has stated that deceased was working as a peon at Gurukul Primary School, Satara and he was getting monthly salary of Rs.5780/-. In support of evidence of PW-1, the Claimants have examined the Principal of Gurukul Primary School, PW-2-Shila Velhal. She has stated that deceased was working in their school as peon and he was drawing salary of Rs.5780/- p.m. Considering the evidence on record, the Tribunal has considered Rs.6,000/- p. m. as a salary of deceased, in my view it is on higher side. As it has come in evidence of PW-1 and PW-2 that deceased was getting monthly salary of Rs.5780/- per month, hence, I am considering this salary as monthly income of the deceased. While awarding consortium amount, the Tribunal has awarded Ganesh page 3 of 5

Rs.4,25,000/-. As per view of Hon'ble Apex Court in case of Magma General Insurance Co. Ltd. V/s. Nanu Ram1, each claimant is entitled for Rs.48,000/- as consortium amount, Rs.18,000/- for funeral expenses and Rs.18,000/- for loss of estate. Considering these calculation's the Claimants are entitled for following compensation.

Particulars Amount Monthly Salary of Deceased (Rs.5780 x 12) Future Prospects Rs.5780 + 30% Future Rs.69,360.00 Rs.15,606.00 Deduction Personal Expenses 1⁄4 (Four Dependents) (-)Rs.17,340.00 Rs.67,626.00 Rs.67626 X 14 Multiplier Rs.9,46,764.00 Consortium : 48,000.00 x 4 Funeral Expenses : 18,000.00 Loss of Estate : 18,000.00 (+) Rs.1,92,000.00 (+) 36,000.00 Compensation Entitled Rs.11,74,764.00 Awarded by Tribunal (-) Rs.14,07,800.00 Enhanced Amount Rs.2,33,036.00 7.

In view of above, I pass following order.

ORDER

2018 ACJ 2782 (SC) Ganesh page 4 of 5

i.

The Appeal is partly allowed.

ii.

The Appellant is permitted to withdraw Rs.2,33,036/- with proportionate interest out of deposited amount.

iii. The Claimants are permitted to withdraw balance amount with proportionate interest.

iv.

The statutory amount along with interest be transferred to the Tribunal. The parties are at liberty to withdraw it, as per rule.

v.

All pending Civil and Interim Applications are disposed of.

(SHIVKUMAR DIGE, J.) Ganesh page 5 of 5