The New India Assurance Co. Ltd Divisional Office, Satara v. Smt. Chhaya Mahesh Gophane And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1038 OF 2016 The New India Assurance Co. Ltd. Divisional Office, Satara.

Address-LIC Building, Sadar Bazar, Satar ....Appellant Vs.

1. Smt. Chhaya Mahesh Gophane Aged 28 years, Occ: Household work

2. Kum. Vibhuti Mahesh Gophane Aged 8 years; Occupation: Nil

3. Kum. Pranjali Mahesh Gophane Aged 6 years; Occupation: Nil

4. Sou. Laxmi Rajaram Gophane Aged 57 years; Occupation: Household

5. Rajaram Nivrutti Gophane Aged 65 years; Occupation: Agriculture R/o: At Ganeshwari, Post Vaduj Taluka-Khatav, Dist-Satara

6. Shri. Sanjay Shivaji Lavand Age-Adult, Occupation-Transport R/o. At Post- Duraj, Taluka-Khatav, Dist-Satara ....Respondents Mr. Pravin D. Alawekar for the appellant Mr. Yuvraj Narvankar for the respondents

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

27th NOVEMBER, 2025.

ORAL JUDGMENT:

1.

This appeal is preferred by the appellant-insurance company against the Judgment and Order dated 15th October 2015 passed by

Motor Accident Claims Tribunal, Satara, at :Vaduj (fort short 'the Tribunal').

2.

It is contention of learned counsel for the appellant that the Tribunal has awarded 50% future prospects, it should be 40% as deceased was doing business. The Tribunal has granted interest at 9% which is on higher side. Learned counsel further submitted that income from agricultural business at Rs. 4,72,500/-, it should be Rs. 4,05,000/-. Hence, requested to allow the appeal. 3.

It is contention of learned counsel for the respondentsclaimants that the Tribunal has passed well reasoned order and no interference is required in it. The consortium amount is awarded on lower side. Hence, requested to dismiss the appeal. 4.

I have heard both learned counsel. Perused the impugned Judgment and Order passed by the Tribunal. It is claimants' case that the deceased was driver. He owned tractor and he was doing business, he was earning Rs. 4,72,500/- per annum from said business. He was also getting income from agriculture. While dealing with the issue of income, the Tribunal has considered income of the deceased at Rs. 10,000/- per month from tractor business and Rs. 50,000/- per annum from agricultural business. In my view, the Tribunal has considered proper income from both business as the

deceased was driver, he owned tractor and agricultural land was standing in his name. Hence, I do not find infirmity in it. The Tribunal as awarded 50% future prospects. It should be 40%. The Tribunal has awarded 9% interest on compensation amount. It should be 7.5%. The Tribunal has awarded consortium amount on lower side. As per the view of Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd. vs. Nanu Ram, 2018 ACJ 2782 (SC), each claimant is entitled Rs. 40,000/- for consortium amount of, Rs. 15,000/- for loss of estate and Rs. 15,000/- for funeral expenses. 5.

Considering above calculations, the claimants are entitled for following compensation:

Monthly income Rs. 10,000/- Yearly income Rs. 1,20,000/- Add 40% future prospects Rs. 48,000/- Total Rs. 1,68,000/- Less 1⁄4 for personal deduction Rs. 42,000/- Total per annum Rs. 1,26,000/- Multiplier 18 (Rs. 1,26,000/- X 18) Rs. 22,68,000/- Agriculture income:

Loss of dependency Rs. 50,000/- p.a.

Add future prospects 40% Rs. 20,000/- Total Rs. 70,000/- Less 1⁄4 personal deduction Rs. 17,500/- Total income Rs. 52,500/- Less income deducted for crop share basis Rs. 30,000/-

Total Rs. 22,500/- Multiplier 18 X (Rs. 22500) Rs. 4,05,000/- Total agriculture income alongwith tractor business income Rs. 22,68,000/- + Rs. 4,05,000/- = Rs. 26,73,000/- Consortium Rs. 40,000/- X 5 (Claimants) Rs. 2,00,000/- Loss of Estate Rs. 15,000/- Funeral expenses Rs. 15,000/- Total compensation Rs. 29,03,000/- Less awarded by the Tribunal Rs. 29,60,000/- Balance amount Rs. 57,000/- 6.

In view of above, I pass following Order:

O R D E R

I.

The Appeal is partly allowed.

II.

The appellant insurance company is permitted to withdraw excess amount of Rs. 57,000/- at the interest of 9% and excess interest amount at 1.5% from deposited amount. III.

The statutory amount be transferred to the Tribunal along with accrued interest thereon. The parties are at liberty to withdraw it as per Rule.

IV.

Record and proceedings be sent back to the Tribunal. IRESH MASHAL Digitally signed by IRESH MASHAL Date:

2025.12.03 14:11:21 +0530 7.

All pending applications, if any, also stand disposed off. (SHIVKUMAR DIGE, J.)