The New India Assurance Co. Ltd. v. Smt. Namrata Jairaj Palve And ORS. (For Herself And Natural Guardian Of Applicant No.2)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1193 OF 2014 The New India Assurance Co. Ltd Nashik Divsional Office-I (150700) Gurunanak House, 1st Floor, Above Wasan Auto, Mumbai Naka, Nasik-422 001.

} } } } ...Appellant

Versus

1. Smt. Namrata Jairaj Palve Age-30 years, Occ : Housewife (For herself and natural Guardian, Mother of the Applicant No.2.) } } } } NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2024.03.01 11:05:33 +0530

2. Kum.Akash Jairaj Palve Age-16 years, Occupation : Education } }

3. Kum.Pratik Jairaj Palve Age-18 years, Occupation : Education } }

4. Sou.Sindhu Bhimrao Palve Age-67 years, Occupation : Household

5. Shri.Bhimrao Ambuji Palve Age-70 years, Occupation : Nil } } } } } } } Deleted by Order dated 18th July 2022 All R/at C-9/22, Ext. No.1, First Floor, Near Vaishnavi Devi Mandir, Pimpri, Pune-411 004.

6. Mr.Ashok Kisan Gaikhe Age-Adult, Occupation : Business R/at Village Palse, Dist-Nasik Maharashtra Pune-422 201 } } } } N.S. Kamble page 1 of 5

7. Mr.Atul Ramdas Shinkar Age-37 yers, Occupation : Driver & Business R/at Flat No.1, Building No.4, Dharma Apartment, Tapovan Mandir, Behind Kirti Hospital, Pimpri, Pune-411 017.

} } } } } } } } ....Respondents ....

Mr.Shrikanant M. Dange, for the Appellant.

Mr.Rajesh More a/w Mr.Soham Pawar, for Respondent Nos.1 to 5. Mr.Devendranath S. Joshi, for Respondent No.8. ....

CORAM : SHIVKUMAR DIGE, J.

8. Bajaj Allianz General Insurance Co. Ltd., Pune Office, "GE Plaza", Airport Road, Yerwada, Pune-411 006.

DATE : 20th FEBRUARY, 2024.

ORAL JUDGMENT :- .

The issue involved in this Appeal is future prospects is awarded on higher side.

2.

It is contention of the learned counsel for the AppellantInsurance Company that, at the time of the accident deceased was 48 years old, so the Claimant's are entitled for 25% future prospects, but Tribunal has awarded 30% future prospects, which is erroneous. Hence, requested to allow the Appeal.

3.

It is contention of the learned counsel for the RespondentN.S. Kamble page 2 of 5

Claimant's that, the Tribunal has considered all the aspects while passing judgment and order. The learned counsel further submitted that, consortium amount is awarded on lower side, it be awarded and requested to dismiss the Appeal.

4.

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

5.

While awarding compensation the Tribunal has awarded 30% future prospects. At the time of the accident deceased was 48 years old. As per view of the Hon'ble Apex Court in the case of National Insurance Co. Ltd. V/s. Pranay Sethi1, the Claimant's are entitled for 25% future prospects. Hence, I am considering 25% future prospects. The Tribunal has awarded consortium of Rs.2,25,000/-. As per view of Hon'ble Apex Court in case of Magma General Insurance Co. Ltd. V/s. Nanu Ram2, 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 calculations the Claimants are entitled for following compensation.

2017 ACJ 2700 (SC) 2018 ACJ 2782 (SC) N.S. Kamble page 3 of 5

Particulars Amount Yearly Income Rs.1,30,000.00 (+) Future Prospects (25% ) Rs.32,500.00 Total Income Rs.1,62,500.00 (-) Personal Expenses (1/4th amount) Rs.40,625.00 Net Loss to family Rs.1,21,875.00 Multiplier 13 (Age 43) Future Loss of Income Rs.15,84,375.00 Loss of Consortium : Rs.48,000 x 5 Rs.2,40,000.00 Loss of Estate Rs.18,000.00 Funeral Expenses Rs.18,000.00 Total Just Compensation Payable Rs.18,60,375.00 Tribunal Awarded Rs.18,72,750.00 Excess Amount Rs.12,375.00 6.

The Appellant-Insurance Company is entitled for the excess amount of Rs.12,375/-.

7.

In view of above, I pass following order.

ORDER

(i) The Appeal is partly allowed.

(ii) The Appellant-Insurance Company is permitted to withdraw Rs.12,375 along with proportionate interest out of the deposited amount.

N.S. Kamble page 4 of 5

(iii) The Claimant's are permitted to withdraw balance amount along with proportionate interest.

(iv) The statutory amount along with interest be transmitted to the Tribunal. Parties are at liberty to withdraw it, as per Rule.

(v) Pending Civil/Interim Applications are disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 5 of 5