The New India Assurance Co Ltd. v. Yamaji Mainaji Bhise And ORS

{1} FA 1248 of 2008

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1248 OF 2008 WITH CIVIL APPLICATION NO.3546 OF 2008 .

The New India Assurance Company Ltd., a Subsidiary of the General Insurance Corporation of India And a Company incorporated under the Companies Act, having its regional office at 11/1, 2nd Floor, Sharadaa Center, Erandwana, Pune and one of its Divisional Office at Adalat Road, Aurangabad.

Through its Senior Manager, Shri Vishwas s/o Bansi Gaikwad, Age: 52 years, Occu.: Service as Senior Manager, The New India Assurance Co., D.O.No.1, Adalat Road, Aurangabad.

..Appellant [Orig.R.No.3]

Versus

1.

Yamaji s/o Mainaji Bhise Age: Major, Occu.: Agrl.Labour, R/o.Sheoga, Tq.Ambad, A.P. C/o. Dilip Aatmaram Lanke, Sindhi Kalegaon Shivar, Tq. & Dist.Jalna.

2.

Shakuntala w/o Yamaji Bhise Age: Major, Occu.: Household, R/o. As above.

3.

Mohammad Mustan Md.Maulana Shaikh Age: 45 yrs., Occu.: Driver, R/o.Kabristan Road, Waapi, Tq.Pardhi, Dist.Balsad (Gujrath)

{2} FA 1248 of 2008 4.

Ritabein w/o Mohammadali Lakhani Age: Major, Occu.: Business, R/o. 'Aashiyana', 1st Floor, Kaachigaon Road, Waapi, Tq.Pardhi, Dist.Balsad (Gujrath).

..Respondents [R.Nos.1 & 2 : Orig. claimants R.Nos.3 & 4 : Orig.R.Nos.1 & 2] ...

Advocate for Appellant : Shri A.B.Kadethankar Advocate for Respondent Nos.1 & 2 : Shri P.B.Patil Respondent Nos.3 & 4 are served ...

CORAM : P.R.BORA, J.

DATE: 24th August, 2018 ORAL JUDGMENT:- 1.

The Judgment and award passed in Motor Accident Claim Petition No.40 of 2007, decided by the Motor Accident Claims Tribunal at Jalna on 10.01.2008, is challenged in the present appeal by the Insurance Company.

2.

Present respondent Nos.1 and 2 had filed the aforesaid petition claiming compensation on account of death of their seven year old son namely Navnath in the motor accident happened on 19.09.2006. Deceased Navnath while returning from his school was dashed by the offending Mahindra Jeep and was severely injured. He died on the spot itself. The learned Tribunal after having assessed the evidence

{3} FA 1248 of 2008 on record, awarded compensation of Rs.2,04,500/- to present respondent Nos.1 and 2, who are the parents of deceased Navnath. 3.

In the present appeal, the only objection raised by the appellant Insurance Company in exception to the impugned award is that while determining the amount of compensation on the basis of notional income of the deceased, the Tribunal has failed in not deducting the 1/3rd amount of the annual notional income of the deceased towards his personal expenses.

4.

After having considered the submissions made on behalf of the appellant and on perusal of the impugned Judgment, it does not appear to me that while determining the amount of compensation in the present case, 1/3rd amount was liable to be deducted from the annual notional income of the deceased towards his personal expenses. The amount awarded by the Tribunal to the tune of Rs.2,04,500/-, inclusive of no fault liability compensation, no way can be held to be unreasonable or excessive. According to me, the compensation as awarded by the Tribunal is just and appropriate having considered the facts involved in the petition. I therefore, do not see any reason for causing any interference in the impugned

{4} FA 1248 of 2008 Judgment and award. The appeal being devoid of any merits, deserves to be dismissed and is accordingly dismissed, however, without any order as to the costs.

5.

In view of dismissal of the appeal, pending civil application stands disposed of.

(P.R.BORA) JUDGE SPT