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2013 DIGILAW 1710 (BOM)

United India Insurance Company Limited, Divisional Office Akola, through the Regional Manager v. Sau Abhilasha

2013-08-23

A.P.BHANGALE

body2013
JUDGMENT Oral Judgment: 1. Appellant Insurance Company challenges judgment and award dated 24th March 2005 passed by the Motor Accident Claims Tribunal, Akola in Claim Petition No. 159 of 2000. 2. Facts in brief are as under: Son of original claimant viz. Alok Purushottam Kabra was travelling by a TATA Sumo bearing registration No. MH-12-JA/1019 on 20.9.1999 from Akola to Hyderabad At about 05.00 am when the vehicle reached near village Chegunta, District Medak, on National Highway No. 7, the driver could not locate the truck which was proceeding in front of the TATA Sumo as a result of which TATA Sumo dashed the truck from its back side. In that accident, Alok sustained injuries and he died on the spot. Present respondent no. 3 was owner of TATA Sumo while one Sandeepkumar (deleted from the array of parties in appeal) was driver on the said vehicle and it was insured with present appellant. Claimant pleaded that Alok was B. E. and was a qualified Production Engineer. He was employed as apprentice with National Organic Chemical India Limited (NOCIL) and was getting stipend of Rs. 3500/- and was to be absorbed in regular cadre on the salary of Rs. 7248/-. He had appeared for MBA entrance test and had passed it which result was declared after his death. He was interviewed at Maruti Udyog Limited and was going to join Rohit Polymeres Private Limited on the salary of Rs. 12,000/-. He had done typing and computer courses also. She claimed compensation of Rs. 8,50,000/-. 3. Appellant insurer denied its liability to pay any compensation to claimant. 4. The Tribunal held that Alok died in accident on 19.6.1999 caused due to rash and negligent driving by driver (original respondent no. 2) on TATA Sumo insured with insurer-United India Insurance Company and claimant Smt Shanta (mother of deceased Alok) is entitled to receive compensation of Rs. 6,20,500/- from insurer, driver and owner of the TATA Sumo jointly and severally together with interest @ 6% per annum from the date of petition till realization. 5. Learned counsel for appellant urged that income at the time of accident earned by deceased Alok should have been taken into consideration and the Tribunal erred in considering future salary of Alok at Rs. 7282/- which he would have received after completion of apprenticeship. 6. 5. Learned counsel for appellant urged that income at the time of accident earned by deceased Alok should have been taken into consideration and the Tribunal erred in considering future salary of Alok at Rs. 7282/- which he would have received after completion of apprenticeship. 6. I have gone through the evidence led on record and judgment delivered by the Tribunal. The Tribunal has discussed in thorough detail the educational and technical qualification of deceased Alok; his employment status at the time of accident and future prospects. The Tribunal has rightly held that considering monthly salary of deceased Alok rounded to Rs. 7000/-, his annual income would have been Rs. 84,000/and multiplier “11” is also appropriately applied. However, during the pendency of claim petition, father of deceased Alok Purushottam Kabra died and thus, his mother Smt Shanta was left behind as dependent. Hence, 50% amount of the total loss of dependency should have been deducted. The compensation has therefore, to be reassessed as under: Sr.No. Heads Calculation (i) Monthly Income (including future Rs. 7000/- per month prospects) (ii) 50% of (ii) deducted as personal Rs. 7000 – Rs. 3500 = Rs. 3500 pm expenses of the deceased (iii) Compensation after multiplier of Rs. 3500 x 12 x 11 = Rs. 4,62,000/- “11” is applied iv) Loss of love and affection Rs. 25,000/- v) Funeral expenses Rs. 2,000/- Total compensation awarded Rs. 4,89,000/- 7. In the result, present appeal is partly allowed. The impugned judgment and award is modified to the extent that original respondents/opponents are jointly and severally liable to pay Rs. 4,89,000/- to the claimant Smt Shanta Purushottam Kabra with interest at the rate of 6.% per annum from the date of filing of the petition till realization. Rest of the order of the Tribunal is maintained.