Shaikh Abdulla Shaikh Nasir And ANR. v. Petrogold Pvt. Ltd. And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.656 OF 2005 1.

Shaikh Abdulla Shaikh Nasir, 2.

Badruniasa Abdulla Shaikh, Both residing at Raseed Nagar, S.No.185/A, Plot no.137, Malegaon, Dist. Nashik.

...

Appellants (Original Petitioners) V ersus 1.

Petrogold Pvt. Ltd, A/o: Kaka Ozarkar Compound Bombay Agra Road, A/p:- Ozar, Tal. Niphad, Nashik.

2.

Branch Manager New India Assurance Company Ltd. Vasant Automobiles Building Old Agra Road, Nashik.

3.

Raziya Shakeel Ahmed, Near Madina Masjid, Malegaon, Dist. Nashik.

...

Respondents (Original opponents no.1 to 3) ***** Mr. Mohsin Naik i/by. Mrs. Sultana Sonawane for Appellants. Mr. Sandeep Jinsiwale for Respondent No.2.

Ms. Saima Ansari for Respondent No.3.

*****

CORAM

: SHIVKUMAR DIGE, J.

DATED : 17th MARCH, 2023

Oral Judgment:

1.

Heard learned counsel for the Appellants and learned counsel for the Respondents.

2.

By way of this Appeal, the Appellants-original claimants are seeking enhancement of compensation. 3.

It is contention of learned counsel for the Appellants that the Tribunal has not granted future prospects and consortium amount while awarding the compensation as well as wrong multiplier is applied. Hence, requested to allow the Appeal. 4.

It is contention of learned counsel for the RespondentInsurance Company that while awarding compensation, the Tribunal has considered all the aspects, and on that basis, compensation is awarded.

5.

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

6.

It is contention of learned counsel for the Appellant that deceased was cleaner and he was getting Rs.3,000/- per month salary. To prove the income of deceased, witness Ijaz Beg was examined. He has stated that he would used to pay Rs.3,000/- per month to deceased, but there was no documentary evidence on record in respect of income of deceased. Hence, Tribunal has considered Rs.50 per day income of deceased, on that basis income of deceased considered at Rs.1,500/- per month. In

my view, the Tribunal has erred while considering monthly income of deceased, as the witness has specifically stated that he used to pay Rs.3,000/- per month to the deceased as salary and the Tribunal has considered his income on the basis of daily wages. In my view, it should be Rs.2,000/- per month. Hence, I am considering monthly income of deceased at Rs.2,000/- per month. 7.

The Tribunal has not awarded future prospects. I am considering future prospects. The Tribunal has applied multiplier of 10. At the time of accident, deceased was 22 years old. So proper multiplier is 18.

8.

The Tribunal has not awarded consortium amount. As per view of Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd. Vs. Nanu Ram,1 each claimant is entitled to Rs.40,000/- as consortium with 10% increase and Rs.16,500/- for funeral expenses and Rs.16,500/- for loss of estate. Considering the above calculations, the claimants are entitled for following compensation :- Particulars Amount Monthly Income Rs.

2000.00 Less 1/3 deduction for personal expenses (rounded off) Rs.

666.00 Total Monthly Income Rs. 1,334.00 Annual Income Rs.1334X12(months) Rs. 16,008.00 Rs.16,008X18(multiplier) Rs. 2,88,144.00 Add Consortium amount (3 claimants) (Rs.44,000X3) Rs. 1,32,000.00

1. 2018 ACJ 2782 (SC)

Add Funeral expenses and loss of estate (Rs.16,500+16,500) Rs. 33,000.00 Total entitled compensation Rs. 4,53,144.00 (Less) Compensation awarded by Tribunal Total Compensation Payable Rs. 1,10,000.00 Difference (Amount to be deposited by Appellant-Insurance Company) Rs. 3,43,144.00 9.

The Tribunal has awarded amount of Rs.1,10,000/-, if this amount deducts from the amount considered by this Court, it comes to Rs.3,43,144/-, the claimants are entitled for this amount. 10.

In view of the above, I pass following order :-

O R D E R

(i) The Appeal is allowed.

(ii) The claimants are entitled for enhanced amount of Rs.3,43,144/- @ 7.5% per annum from the date of filing of Claim Petition till realization of the amount, out of this amount of Rs.1,32,000/- is consortium amount, the claimants are entitled @ 7.5% interest on this amount from 1st October 2017, till realization of the amount.

(iii) The Appellant-Insurance Company is directed to deposit enhanced amount along with accrued interest thereon, within six weeks after receipt of the order.

(iv) The Tribunal has awarded amount to Respondent No.3-wife of deceased. The Respondent No.3 is

entitled for enhanced amount as per her share decided by the Tribunal.

(v) The claimants and Respondent No.3 are permitted to withdraw the deposited amount along with interest as per their share.

(SHIVKUMAR DIGE, J.)