The State Of Maharashtra Thr Medical Superintendent R.H. Murud And ANR v. Arti Ashok Hajare And ORS

61-fa.244-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.244 OF 2021 The State of Maharashtra, Through Medical Superintendent, Rural Hospital, Opp. S.T.Bus, Murud, Tq. and Dist. Latur and anr.

..Appellants Vs.

Arti w/o. Ashok Hajare, Age : 26 years, Occ. Household, r/o. Matephal, Tq. and Dist.Latur and ors.

..Respondents ---- Mr.A.M.Phule, AGP for appellants Mr.M.D.Shinde, Advocate for respondent nos.1 to 3 and 5 ---- CORAM : R.G. AVACHAT, J.

DATE : AUGUST 23, 2021 ORDER :- Heard.

2.

The appeal has been filed questioning quantum of compensation awarded by the Tribunal vide it's judgment dated 30.11.2019.

3.

The deceased was serving as a Driver. There is no dispute about his age. The monthly income of the deceased has been

61-fa.244-21 considered by the Tribunal at Rs.8,000/- per month. The Tribunal, instead of making addition of 40% of his existing income towards future prospects, has only added 25% on this count. Since the number of dependents were four, the Tribunal has deducted 1/4th of the income of the deceased towards his personal and living expenses. The loss of dependency has, thus, been calculated at Rs.15,30,000/-. Under the head of parental consortium and filial consortium, etc., adequate amount has been awarded. 4.

After going through the impugned award, I do not find any reason to interfere therewith. In the result, the appeal fails and the same is dismissed.

5.

The amount of Rs.25,000/- deposited in this Court at the time of filing of the appeal, be transmitted to the Tribunal, for being paid to the claimants there, along with the interest accrued thereon. [R.G. AVACHAT, J.] KBP