Milind Laxman Bhandare And ANR v. Manjunath Shivaji Patil And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1393 OF 2009
1. Mr.Milind Laxman Bhandare
2. Mrs. Suman Milind Bhandare } } } } } ...Appellants Both R/at Ambedkarnagar, Vita, Taluka Khanapur.
Versus
by NILAM SANTOSH KAMBLE Date: 2023.06.01 15:16:13 +0530 NILAM SANTOSH KAMBLE
1. Mr.Manjunath Shivaji Patil R/at Room No.287, Vakkaligar Peth, Devangiri, Karnataka-591 507.
} } }
2. The New India Assurance Co. Ltd 'Bilvadal', Opp. Prasad Theatre, Vita, Taluka Khanapur.
} } }
...Respondents
---- Mr.V.B. Rajure, for the Appellants.
Ms.Poonam Mittal, for Respondent No.2.
---- CORAM : SHIVKUMAR DIGE, J.
DATE : 13 APRIL 2023 JUDGMENT :- .
The issues involved in this Appeal are future prospects, consortium amount have not been awarded and application of wrong multiplier.
2.
It is contention of the learned counsel for the N.S. Kamble page 1 of 5
Appellant that the Tribunal has considered notional monthly income of deceased of Rs.4,000/-. But while awarding compensation no future prospect is awarded. The Tribunal has considered multiplier as per age of the parents, it should be as per age of the deceased. The Tribunal has awarded amount for consortium and funeral expenses on lower side. Hence, requested to allow the Appeal.
3.
It is contention of the learned counsel for the Respondent No.2-Insurance Company that while awarding compensation the Tribunal has considered all the aspects and on that basis compensation is awarded. No interference is required in it.
4.
I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal, Sangli (for short 'the Tribunal').
5.
The Tribunal has considered monthly income of deceased at Rs.4,000/- per month. But Tribunal has not awarded future prospects. As per view of the Hon'ble Apex Court in the case of National Insurance Co. Ltd. V/s.Pranay Sethi1, the Claimants are entitled for 40% future prospects as deceased was self-employed.
2017 ACJ 2700 (SC) N.S. Kamble page 2 of 5
6.
The Tribunal has considered multiplier of 15 as per age of the parents of the deceased. It is settled principle of law that multiplier should be as per the age of deceased, at the time of the accident deceased was 21 years old. The proper multiplier is
18. The Tribunal has awarded Rs.4,000/- for funeral expenses and Rs.10,000/- towards loss of love and affection. As per view of the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd V/s. Nanu Ram2, each Claimant is entitled for Rs.40,000/- with 10% increase as consortium amount and Rs.16,500/- for funeral expenses and Rs.16,500/- for loss of estate.
7.
Considering the above calculations the Claimants are entitled for following compensation.
Particulars Amount Income Rs.4,000.00 40% future prospects Rs.1,600.00 -------------- Rs.5,600.00 Rs.67,200.00 50% deduction for living expenses Rs.33,600.00 Total Yearly income Rs.5600 x 12 Multiplier Total Income Rs.6,04,800.00 Loss of Consortium 44,000 x 2 Rs.88,000.00 Funeral Expenses Rs.16,500.00 Loss of estate Rs.16,500.00 2018 ACJ 2782 (SC) N.S. Kamble page 3 of 5
Total Compensation Rs.7,25,800.00 Less already awarded by Tribunal Rs.3,00,000.00 Total Compensation Payable Rs.7,25,800/- (-) Rs.3,00,000/- Rs.4,25,000.00 8.
The Claimants are entitled for enhanced compensation of Rs.4,25,800/-.
9.
In view of above I pass following order.
ORDER
(i) Appeal is allowed.
(ii) The Claimants are entitled for enhanced compensation of Rs.4,25,800/- @ 7.5% interest per annum from the date of the filing of the Claim Petition till realization of the amount. Out of this amount Rs.1,21,000/- is consortium amount. The Claimants are entitled for 7% per annum on this amount from 1 October 2017 till realization of the amount.
(iii) The Respondents are directed to deposit enhanced amount along with accrued interest thereon within six weeks after the receipt of the order.
N.S. Kamble page 4 of 5
(iv) The Claimants are permitted to withdraw deposited amount along with accrued interest thereon.
(v) The learned counsel for the Respondent No.2Insurance Company undertake to file Vakalatnama. (vi) All pending Civil Applications, if any, are disposed of.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 5 of 5