Smt. Shobha Rangrao Patil And ORS. v. Shri. Milind Annasaheb Sale And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 382 OF 2016

1. Smt.Shobha Rangrao Patil Age-41 years, Occ : Household } } } } } } } } } } }

2. Kum.Aniket Rangrao Patil Age-21 years, Occ : Education

3. Kum.ankita Rangrao Patil Age-18 years, Occ : Education by NILAM SANTOSH KAMBLE Date: 2024.04.16 10:40:34 +0530 (Org.

Claimants) ...Appellants NILAM SANTOSH KAMBLE All R/o. Mahe, Post Washi, Taluka-Karvir, District-Kolhapur.

Versus

1. Shri.Milind Annasaheb Sale Age-50 years, Occ : Business R/at Bar Quarter No.5, Building No.1, STS Campus, Kushgaon (BK), DistrictPune-410 401 Lonawala Pune } } } } } (Org. Opp.

Party 1)

2. ICICI Lombard General Insurance Co.

Ltd.

Near ICICI Bank, Bagal Chowk, Kolhapur.

} } } ....Respondents ---- Mr.Jayant J. Bardeskar, for the Appellants.

Mr.Rajesh Kanojia i/b Res Juris, for the Respondents. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 21st MARCH 2024 N.S. Kamble page 1 of 5

ORAL JUDGMENT :- .

The issues involved in this Appeal are consortium amount is awarded on lower side and rate of interest. 2.

It is contention of the learned counsel for the Appellant-Claimant that the Tribunal has not awarded consortium amount and the Tribunal has awarded interest on compensation amount from date of the recording of evidence, it should be from the date of the filing Claim Petition. Hence, requested to allow the Appeal.

3.

It is contention of the learned counsel for the Respondent-Insurance Company that the Claim Petition was filed under Section 163A of the Motor Vehicles Act, ('M.V. Act' for short) 1988, Hence, the Claimant's are not entitled for consortium amount. They are entitled for consortium amount as per second schedule of M.V. Act. The learned counsel further submitted that the Tribunal has awarded interest from the date of recording of evidence, which is proper. No interference is required in it.

4.

I have heard both learned counsel. Perused judgment N.S. Kamble page 2 of 5

and order passed by the Motor Accident Claims Tribunal ('The Tribunal' for short), Kolhapur.

5.

While awarding compensation the Tribunal has not awarded consortium amount. As per view of Hon'ble Apex Court in case of Magma General Insurance Co. Ltd. V/s. Nanu Ram1, each claimant is entitled for Rs.48,000/- as consortium amount, Rs.18,000/- for funeral expenses and Rs.18,000/- for loss of estate.

6.

It is contention of the learned counsel for the Respondent-Insurance Company that, as Claim Petition was under Section 163A of the M.V. Act, the Claimant's are not entitled for consortium amount. In my view in the case of Magma General Insurance Co. (Supra) and in the case of National Insurance Co. Ltd. vs. Pranay Sethi2, the Hon'ble Apex Court has observed about entitlement of compensation of the Claimant's. Hence, I am considering the consortium amount. It is settled principal of law the Claimant's are entitled for interest on compensation amount from the date of the filing Claim 2018 ACJ 2782 (SC) 2 2017 ACJ 2700 (SC), N.S. Kamble page 3 of 5

Petition. Hence, I am considering interest on compensation from date of the filing of the Claim Petition. Considering these calculations the Claimants are entitled for following compensation.

Particulars Amount Yearly Income Rs.40,000/- Rs.40,000.00 Multiplier 14 Rs.5,60,000.00 Rs.40,000/- x 14 1/3 Deduction Rs.1,86,666.00 Consortium Rs.48,000/- x 3 Rs.1,44,000.00 Funeral Expenses Rs.18,000.00 Medical Expenses Rs.1,00,000.00 Loss of Estate Rs.18,000.00 ------------------- Rs.6,53,334.00 Tribunal Awarded (-)Rs.5,07,000.00 Enhanced Amount Rs.1,46,334.00 7.

In view of above, I pass following order.

ORDER

(i) The Appeal is allowed.

(ii) The Claimant's are entitled for enhanced amount Rs.1,46,334/- @ 7.5% interest per annum N.S. Kamble page 4 of 5

from date of the filing of the Claim Petition till realization of the amount.

(iii) The Respondent-Insurance Company shall deposit the enhanced amount along with accrued interest thereon within 6 weeks after receipt of this order.

(iv) The Claimant's are entitled on interest amount awarded by the Tribunal and enhanced amount from the date of the filing of the Claim Petition. (v) The Claimant is permitted to withdraw the deposited amount alongwith interest.

(vi) The Claimant's shall pay Deficit Court Fees on enhanced amount.

(vii) All pending Civil and Interim Applications are disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 5 of 5