Sou. Alka Annaso Mule And ORS. v. Shri. Ravindra Kundalik Jadhav And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 844 OF 2022

1. Alka Annaso Mule Age - 48 Years, Occu: Household ] ]

2. Annaso Shantappa Mule Age: 56 years, Occu: Nil, ] ]

3. Tejal Annaso Mule Age- 26 years, Occu: Education, ] ] All R/o. Siddheshwar Galli, Kavalapur, Tal, Miraj, District: Sangli.

] ] ] .... Appellant (Original Claimants) Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.11.19 14:59:31 +0530 SHANTANU SHANKARSA DHUDUM

Versus

1. Ravindra Kundalik Jadhav Age- 54 years, Occ: Business, A/p. 5166, Vadar Samaj, Vasahat, Ghumat Mala, Vita Sangli Road, Vita, Tal. Khanapur, District: Sangli.

] ] ] ] ]

2. The New India Assurance Co. Ltd.

426/28, Laxmi Towers, 1st Floor, Konda Lane, Laxmipuri, Kolhapur.

] ] ] ]

3. Baburao Mureppa Kamble Age - 49 years, occ: Driver, R/o. Loni Kalbhor, Pashankar Bag, Haveli, District: Pune - 412 201 ] ] ] ] .... Respondents (Original Opponents) Shantanu S. Dhudum 1/5

----- Mr. Sourabh Patil i/b Mr. T. S. Ingale, Advocate for the Appellants - Claimants.

Mr. Ketan Joshi (Through VC), Advocate for Respondent No.2 - Insurance Company.

----- CORAM : SHIVKUMAR DIGE, J.

DATE : 14th NOVEMBER, 2025.

ORAL JUDGMENT. :

1.

By this appeal, the Appellants - Claimants are seeking enhancement of compensation.

2.

It is contention of learned counsel for the Appellants - Claimants that the deceased was in permanent service, but the Tribunal has considered future prospects at 40%, it should be 50%. Learned counsel further submitted that the deceased was doing agricultural work and getting Rs.3,00,000/- per annum, but the Tribunal has considered Rs.1,000/- per month, which is on lower side. Learned counsel further submitted that the Tribunal has not awarded consortium amount to each Claimants, it be awarded, and requested to allow the appeal.

3.

It is contention of learned counsel for the Respondent No.2 - Insurance Company that the Tribunal has considered monthly Shantanu S. Dhudum 2/5

income of the deceased on higher side, it should be Rs.6,000/- per month. No evidence is produced on record to prove the agricultural income. The Tribunal has passed a well-reasoned order, no interfere is required in it, and requested to dismiss the appeal. 4.

I have heard both learned counsel, perused judgment and order passed by the Motor Accident Claims Tribunal, Sangli (for short, "the Tribunal").

5.

Admittedly, the deceased was in permanent service, and at the time of accident, he was 24 year old. The Tribunal should have considered 50% future prospects, hence I am considering 50% future prospects.

6.

It is Claimants' case that the deceased was doing agricultural work and getting income at Rs.3,00,000/- per annum, but the Tribunal has observed that no evidence is produced on record in that regard, on that basis, the Tribunal has considered Rs.1,000/- monthly managerial loss. In my view, it is on lower side, I am considering is at Rs.2,000/- per month. The Tribunal has not awarded consortium amount to the Claimants. There are two Claimants. As per view of Hon'ble Apex Court in the case of Magma General Insurance Shantanu S. Dhudum 3/5

Company Limited Vs. Nanu Ram 2018 ACJ2782 (SC), each Claimant is entitled Rs.48,000/- for consortium amount, Rs.18,000/- for loss of estate, and Rs.18,000/- for funeral expenses. 7.

Considering above calculations, the Claimants are entitled for following compensation.

Monthly income Rs.17,970/- Annual income Rs.2,15,640/- Less 1⁄2 personal deduction Rs.1,07,820/- Total income Rs.1,07,820/- Add: 50% future prospects Rs.53,910/- Total income Rs.1,61,730/- Multiplier 18 (Rs.1,61,730/- X 18) Rs.29,11,140/- Consortium amount Rs.48,000/- X 2 (Claimants) Rs.96,000/- Loss of estate Rs.18,000/- Funeral expenses Rs.18,000/- Total compensation Rs.30,43,140/- Less awarded by the Tribunal Rs.25,95,864/- Enhanced amount Rs.4,47,276/- 8.

In view of above, I pass following order:

ORDER

i. The appeal is allowed.

ii. The Claimants are entitled for enhanced amount of Rs.4,47,276/- @ 7.5% interest per annum from the date of filing claim petition, till realization of the Shantanu S. Dhudum 4/5

amount.

iii. The Respondent No.2 - Insurance Company shall deposit the enhanced amount along with accrued interest thereon, within six weeks after receipt of this order.

iv. The Claimants are permitted to withdraw the deposited amount along with accrued interest thereon.

v. The Claimant shall pay the deficit Court fees on enhanced amount, if any, as per Rules.

vi. Record and Proceeding be sent back to the Tribunal. 9.

In view of disposal of appeal, all pending applications, if any, also stand disposed off.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 5/5