The New India Assurance Co. Ltd., Thr Its Authorized And Div. Manager, Aurangabad v. Anita Ramesh Shinde And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD FIRST APPEAL NO. 120 OF 2019 The New India Assurance Co. Ltd.
Through it's Divisional Manager, Aurangabad ..APPELLANT
VERSUS
Anita Ramesh Shinde and Others ..RESPONDENTS ....
Mr. A.S. Usmanpurkar, Advocate for appellant Mr. A.S. Kulkarni, Advocate for respondent nos. 1 to 5 ....
CORAM : R.G. AVACHAT, J.
DATED : 09th DECEMBER, 2021 PER COURT :
1.
This is insurance company's appeal taking exception to the judgment and award dated 17th January, 2018 in Motor Accident Claim Petition No. 88 of 2015 granting compensation of Rs.30,09,832/- on account of death in the vehicular accident. The challenge is merely on the ground of quantum.
2.
Learned counsel for the appellant - insurance company would submit that the Tribunal has not taken into consideration the deduction towards professional tax. There are mistakes in calculations. The draft of the calculations, which is correct according to him, has been placed on record. He, therefore, urged for re-working out of compensation. 1 / 3
3.
Learned counsel for the respondents - claimants would, on the other hand, submit that just and reasonable compensation has been awarded and there is no reason to interfere with it. He would further submit that Respondent Nos. 2 to 5 have been granted Rs.25,000/- each towards loss of love and affection instead of Rs.40,000/-. According to him the amount of compensation warrants enhancement.
4.
Considered the rival submissions. It appears to be a case of miscalculations and even not taking into consideration deduction towards professional tax. The amount of compensation is, therefore, re-worked out as under :- Sr.
No.
Particulars Amount 1.
Monthly salary of the deceased (Exh.30 - salary certificate) 17,750 Less : Professional Tax 17,550 2.
Annual income of the deceased (17,550 x 12) 2,10,600 3.
Plus : Since the deceased was 40+ and was in permanent service, 30% is added thereof towards future prospects 63,180 2,73,780 4.
Less : Since the dependents are five in number, 1/4th thereof to be deducted towards personal and living expenses 68,445 2,05,335 5.
Applying multiplier of 14 28,74,690 6.
Plus : Each of the claimants awarded Rs.40,000/- towards loss of love and affection 2,00,000 30,74,690 7.
Plus : Funeral expenses and loss of estate 30,000 31,04,690 This way, the total amount of compensation would come to Rs.31,04,690/-.
2 / 3
5.
The aforesaid calculation indicates that the amount of compensation awarded by the Tribunal is somewhat less. Since the respondents/claimants have not preferred an appeal or cross objection for enhancement, there is no question of granting compensation more than what has been awarded by the Tribunal. As such, there is no reason for this Court to interfere with the impugned award. In the result, appeal fails. Same is, therefore, dismissed.
( R.G. AVACHAT, J. ) SSD 3 / 3