Smt. Asha Suresh Chavan And ORS. v. Mr. Milind Prabhakar Kole And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 304 OF 2024

1. Smt.Asha Suresh Chavan Age-39 years, Occ: Labourer ] ] ] ] ] ] ] ] ] ] ] .... Appellants

2. Kumar Mayur Suresh Chavan Age-13 years, Occ-Student

3. Kumar Kunal Suresh Chavan Age-9 years, Occ-Student All R/at Nimagaon Khandoba, Taluka-Khed, District-Pune versus ] ] ] ] ] ] ] ] ] .... Respondents

1. Milind Prabhakar Kole Age-Adult, Occ; Transport R/o Uruli Devachi, Near Sai Mandir, Taluka-Haveli, District-Pune.

2. The New India Assurance Co. Ltd.

Nehru Memorial Hall, Camp, Pune.

SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2026.01.06 18:14:10 +0700 ............

Ms. Ketki A. Gokhale i/b Mr.Avinash M. Gokhale, for the Appellants. Mrs. Poonam Mital, for Respondent No.2- Insurance Company .............

CORAM : R. M. JOSHI, J.

DATE : 24th DECEMBER, 2025.

ORAL JUDGMENT :

1.

This appeal is filed by the appellants / claimants for enhancement of the claim granted by the Tribunal by Judgment and Award dated 31.07.2014 passed in M.A.C.P.No. 459 of 2012. 1/5

2.

It is the case of the claimants that the deceased died on 22.02.2012 in a motor vehicular accident. It is claimed that the deceased was labour and was earning Rs.9,000/- per month. The Tribunal accepted the notional income of the deceased @Rs.4,000/- per month, since no evidence was led by the claimant with regard to the employment and income of the deceased.

3.

Learned counsel for the appellants/ claimants submits that the Tribunal ought to have considered the minimum wages payable to the labourer during the relevant period. In order to support the submission she placed reliance on Notification issued by Ministry of Labour and Employment dated 31.05.2010 indicating the minimum wage of the labourer at the relevant time which according to her is Rs.8,000/-. It is further argued that the Tribunal has not granted the consortium to the claimants and in view of the judgment in the case of Magma General Insurance Co. Ltd. vs. Nanu Ram, 2018 ACJ 2782 (SC), each claimant is entitled for Rs.40,000/- each as consortium amount, Rs.15,000/- for funeral expenses and Rs.15,000/- for loss of estate. 4.

Learned counsel for the insurer vehemently opposed the appeal by contending that it was for the claimant to bring any such Notification indicating minimum wages before the Tribunal. It is submitted that now it is not open for the claimants to rely upon any Notification in order to seek 2/5

enhancement in the compensation.

5.

The claimants have specifically came out with the case that the deceased was doing labour work and was earning Rs.9,000/- per month. The said facts of the deceased working as a labour is not in dispute. Now therefore it would be open for the claimants to indicate what was the minimum wages at the relevant time for a labourer. This Court therefore finds no substance in the objection raised by the learned counsel for the insurer for keeping Notification out of consideration. Consequently compensation of the calculation ought to have been done accepting the income of the deceased @8,000/- instead of Rs.4,000/-. 6.

The Tribunal has not granted compensation for loss of consortium in view of the Judgment of the Hon'ble Supreme Court in the case of Magma (supra) each claimant is entitled for Rs.40,000/- as consortium amount, Rs.15,000/- for funeral expenses and Rs.15,000/- for loss of estate.

Particulars Rs.

Amount Monthly Income Rs.

8,000/- Annual Income Rs.

96,000/- (+) 25% Future Prospects Rs.

1,20,000/- (-) 1/3rd Personal Expenses Rs.

80,000/- Multiplier 14 Rs.

11,20,000/- Loss of Consortium Rs.

1,20,000/- Loss of Estate Rs.

15,000/- Funeral Expenses Rs.

15,000/- 3/5

Total compensation Rs.

12,70,000/- Awarded by Tribunal Rs.

4,98,000/- Enhanced Compensation Rs.

7,72,000/- The claimants are entitled for enhanced compensation of Rs.7,72,000/- 7.

In view of above, I pass following order:

ORDER

(a) The appeal is partly allowed.

(b) The appellants/claimants are entitled for enhanced amount of Rs.7,72,000/- @ of 7.5% interest per annum from date of filing claim petition till realisation.

(c) The respondent No.2 /Insurance Company shall deposit the enhanced amount along with accrued interest thereon before the Tribunal within six weeks from the receipt of this order.

(d) The appellants / claimants are permitted to withdraw the amount deposited by the respondent No.2-Insurance Company along with accrued interest thereon.

(e) The appellants/claimants shall pay deficit Court fees on enhanced amount if any.

4/5

(f) R & P be sent back to the Tribunal.

8.

The appeal is disposed of. In view of disposal of appeal, pending applications, if any also disposed of. (R. M. JOSHI, J.) 5/5