Uttamrao v. Maharashtra State Road Transport Corporation
2022-10-11
ANIRUDDHA BOSE, HEMANT GUPTA
body2022
DigiLaw.ai
ORDER 1. Leave granted. 2. The challenge in the present appeal is to an order passed by the High Court of Judicature at Bombay on 08.01.2020 whereby the first appeal at the instance of the claimants arising out of Motor Accident Claims Tribunal was dismissed on the ground that the reason for condonation of delay of 135 days in filing an appeal before the High Court was not plausible. We find that the High Court has completely overlooked the fact that the claimants are destitute legal heirs and, therefore, a pragmatic view should have been taken in the matter of condoning the delay, especially in the appeal arising out of an award of Motor Accident Claims Tribunal. 3. As per facts on record, the deceased was unmarried and of 24 years of age on the date of incident. The parents of the deceased are the claimants. Therefore, in view of the age of the deceased, 18 would be a suitable multiplier. The deceased was working as a Gram Sevak in Block Development Office, drawing a salary of Rs.2500/-per month. In terms of the judgment of this Court in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 , the appellants are entitled to 40% increase on account of future prospects. The appellants shall also be entitled to Rs.40,000/- for each dependent on account of loss of consortium; Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of estate in terms of the aforesaid judgment of this Court. Thus, the appellants shall be entitled to compensation as under: Head Amount (Rs.) A Loss of earnings @ [Rs.2500-50% x 40% x 12 x 18=1750 (1750 x 12 x 18) 3,78,000 B Loss of Consortium (Rs. 40000 each for father and mother of the deceased) 80,000 C Funeral Expenses 15,000 D Loss of Estate 15,000 Total 4,88,000 4. The appellants shall also be entitled to interest at the rate of Rs.9% p.a., as awarded by the Learned Motor Accident Claims Tribunal from the date of filing of the claim application till its realization. 5. With the above, the appeal is disposed of.