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2019 DIGILAW 1848 (BOM)

Padmabai wd/o Ganesh Tayade v. Ramlal s/o Motilal Jain

2019-08-06

M.G.GIRATKAR

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JUDGMENT : This appeal is by the claimants/legal heirs of deceased Ganesh Tayade. Deceased Ganesh Tayade went to Village, Akot on 16-11-2006. In the evening at about 6.00 p.m., he was standing by the side of the road and was waiting for a vehicle for going to his village. That time, truck bearing no. MH-27-A-4043 owned by the respondent no. 1, driven by the respondent no. 2 and insured with the respondent no. 3 came in rash and negligent manner and gave dash to the deceased. Deceased sustained serious multiple injuries and died before any medical treatment. Said accident took place due to rash and negligent driving of the truck driver. Report was lodged. Truck driver was prosecuted for the offences punishable under Sections 279 and of the Indian Penal Code. The appellants/legal heirs of deceased filed Claim Petition No. 3/2007 before the Motor Accident Claims Tribunal (MACT), Akola, Division at Akot. MACT allowed the claim petition and granted compensation of Rs. 3,37,000/- along with interest at the rate of 7% per annum. MACT has taken into consideration the earning of deceased at Rs. 3,000/- per month. Hence, the present appeal is only on the quantum of compensation. 2. Heard learned Advocate Shri Thakkar for the appellants. He has submitted that deceased was aged about 45 years at the time of accident. In view of the judgment of Hon'ble Apex court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi and ors. [ (2017) 16 SCC 680 ], the claimants/appellants are entitled for future prospects. Learned Advocate has pointed out recent judgment of the Apex Court in the case of Magma General Insurance Co. Ltd. Vs. Nanu Ram and ors. [2019 (4) Mh.L.J. 1]. Learned Advocate has submitted that the appellants are entitled for compensation under other heads also, therefore, prayed to allow the appeal. 3. Learned Advocate Shri Joshi for the respondent no. 3 has strongly supported the impugned judgment and submitted that deceased was unskilled person as he was not having any permanent job, in view of the judgment of Apex Court in the case of Sarla Verma (Smt) and ors. Vs. Delhi Transport Corporation and anr. [ (2009) 6 SCC 121 ], the compensation awarded by the Tribunal is perfect and legal. 4. Learned Advocate Shri Thakkar has relied on the judgment of National Insurance Co. Ltd. Vs. Vs. Delhi Transport Corporation and anr. [ (2009) 6 SCC 121 ], the compensation awarded by the Tribunal is perfect and legal. 4. Learned Advocate Shri Thakkar has relied on the judgment of National Insurance Co. Ltd. Vs. Pranay Sethi and ors.(supra) and submitted that paragraph no. 59.4 of said judgment is relevant and the Apex Court has held that in case the deceased was self employed, an addition of 40% of the established income should be added as future prospects as the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be added. Findings of the Apex court in said paragraph are as under : 59.4 In case the deceased was self employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component. 5. In view of the judgment of the Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi and ors.(supra), the appellants are entitled for addition of 25% for future prospects. In view of the recent judgment of Magma General Insurance Co. Ltd. Vs. Nanu Ram and ors. (supra), the appellants are entitled for compensation as under : Sr. No. Head Compensation awarded 1. Income Rs. 3,000/-per month 2. Future prospects 25% Rs. 750/- 3. Deduction towards personal expenditure Rs. 1250/-[i.e. 1/3rd of (3000+750)] 4. Total Income Rs. 2500/-[i.e. 2/3rd of (3000+750)] 5. Annual Income Rs. 30,000/-(2500x12) 6. Multiplier : (deceased was aged about 45 years) 7. Loss of future income Rs. 4,20,000/-(30000x14) 8. Loss of love and affection Rs. 50,000/(for wife) 9. Funeral expenses Rs. 15,000/- 10. Loss of estate Rs. 15,000/- 11. Loss of consortium Rs. 40,000/- Total Compensation awarded Rs. 5,40,000/- Hence, the appellants are entitled for compensation amount of Rs. 5,40,000/- along with interest at the rate of 7% per annum (as granted by the trial Court). Hence, the appeal is partly allowed. 50,000/(for wife) 9. Funeral expenses Rs. 15,000/- 10. Loss of estate Rs. 15,000/- 11. Loss of consortium Rs. 40,000/- Total Compensation awarded Rs. 5,40,000/- Hence, the appellants are entitled for compensation amount of Rs. 5,40,000/- along with interest at the rate of 7% per annum (as granted by the trial Court). Hence, the appeal is partly allowed. 6. The impugned judgment is maintained, however, it is modified in respect of quantum of compensation as under : “The respondent nos. 1 and 3 shall jointly and severally pay the amount of compensation of Rs. 5,40,000/- along with interest at the rate of 7% per annum (as granted by the trial Court) from the date of filing of petition i.e. 23-1-2007 till realization of whole amount including no fault liability under Section 140 of the Motor Vehicles Act. Remaining part of the impugned judgment is maintained as it is.” 7. The amount of compensation, if any, paid by insurance company be deducted from the amount of compensation granted by this Court. 8. The appeal is allowed and disposed of in above terms.