Smt. Saraswati Sandeep Gawai And Others v. Ramashraya Munshi Gupta And Others
fa585.17.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.585/2017
1. Smt. Saraswati Sandeep Gawai, aged about 24 years, occ. Nil.
2. Master Rahul Sandeep Gawai, Aged about 4 years, Minor through natural guardian mother Smt. Saraswati Sandeep Gawai, appellant no.1.
3. Bhaurao Shankar Gawai, Aged about 50 years, Occ. Labourer,
4. Sau. Suman Bhaurao Gawai, Aged about 44 yars, Occ. Household work.
All r/o Near Krishi Nagar, Panchasheel Nagar, Near Pragati Kirana, Akola Tq.and Distt. Akola.
..APPELLANTS
Versus
1. Ramashraya Munshi Gupta Aged adult, Occ. Driver R/o Hatizpur Kotwali, Azamgarh, Uttar Pradesh.
2. Jaswant D. Sharma Aged adult, Occ. Vehicle Owner R/o C/o R.J. carriers.
Sector No.6, Building No.9, R.No.90, JNPT Uran Distt. Raigad, B.C.W.
fa585.17.odt 2 Road Link No.7 Tq. and Distt. Raigad (MS).
3. New India Insurance Company Ltd.
Divisional Officer, 4th floor Sir P.M. Road, Fort, Mumbai.
..RESPONDENTS ....
Shri J.B.Gandhi, Advocate for the appellants. None for other respondent nos. 1 and 2.
Shri Sandeep Marathe, Advocate for respondent no.3. .....
CORAM : PUSHPA V. GANEDIWALA, J DATED : AUGUST 25, 2021.
ORAL JUDGMENT :
1.
Heard.
2.
Both the learned counsel submit that this matter could be disposed of, as a short question with regard to quantum of compensation is involved in it.
3.
The appellants/claimants in this appeal are seeking enhancement of compensation, in terms of the judgment of the Constitution Bench of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi and others reported in (2017) 16 SCC 680.
fa585.17.odt 3 4.
It is stated that learned Motor Accident Claims Tribunal calculated compensation under the following heads : Age of Deceased 23 years.
Multiplier applied Income Rs.3,000/- per month.
therefore, Rs. 36,000/- per annum Deductions 1/4th as 4 dependents Therefore, income = 36,000 (-) Rs.9000/- = Rs.27,000/-.
Therefore, compensation:
27,000/- x 17 as per income = 4,59,000/- Compensation for Funeral expenses Rs.11,000/- Loss of estate Rs.10,000/- Loss of consortium Rs.10,000/- Transportation of body Rs.10,000/- Total Rs.5,00,000/-
5. The Constitution Bench of the Hon'ble Supreme Court in the case of Pranay Sethi (supra) concluded that in case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was between the age of 40 to 50 years. It is further held that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs.15,000/-,
fa585.17.odt 4 Rs.40,000/- and Rs.15,000/- respectively.
6.
The learned counsel for the Insurance Company Shri Marathe, on the other hand, supported the impugned judgment and award. It is stated that the learned Tribunal has rightly concluded the lump-sum compensation of Rs. Five lakhs including the compensation towards `no fault liability' and had directed respondent nos.1 and 3 to pay the same within 45 days from the date of the order.
7.
In my considered opinion, the appellant is entitled to receive the compensation as per the judgment is case of Pranay Sethi (supra) Considering the aforesaid, the revised compensation can be calculated as under:- Age of the deceased 23 years.
Multiplier applied Income Rs.3,000/- Future Prospects 40% increase, therefore, total Income of Rs.4200/- per month.
Therefore, Rs.50,400/- per year.
Deductions 1/4th as 4 number of dependents. Therefore, Rs.50,4000/- (-) Rs.12,600/- = Rs.37,800/-.
Total income 37,800/- x 18
fa585.17.odt 5 = 6,80,000/- Loss of estate Rs.15,000/- Loss of consortium Rs.40,000/- Funeral expenses Rs.15,000/- Total Rs.7,50,400/- 8.
For the reasons aforestated, the appeal needs to be partly allowed by modifying the order of learned Tribunal as under:
ORDER
1.
Respondent nos.1 to 3 shall pay compensation of Rs.7,50,400/-.
2.
The compensation of Rs.Five lakhs, which was already withdrawn by the appellant shall be deducted from the aforesaid amount.
3.
Respondent nos.1 and 3 to pay interest on the enhanced compensation of Rs.2,50,400 @ 7.5 % per annum from 26.6.2019 till realisation.
4.
Respondent nos.1 to 3 to deposit the aforesaid amount within a period of six weeks. Thereafter the appellants - claimants shall be entitled to withdraw the same amount with accrued interest thereon.
JUDGE Ambulkar