Partly allowed

Lata Gautam Waghmare and Anr. v. Babulal Ramchandra Bagale and Anr.

Bombay HC20 Jan 2014FA/1006/2013

Case brief

AI extract

What is this about?

The Bombay High Court Bench at Aurangabad partly allowed an appeal seeking enhancement of motor accident compensation. The Court rejected the claim for 50% future prospects due to the deceased's age and accident circumstances but ordered an additional Rs. 50,000 with interest.

What did the court decide?

Enhancement of compensation by Rs. 50,000 with interest from the date of application at 7.5% p.a.

Lata Gautam Waghmare and Anr. Vs Babulal Ramchandra… — Motor Accident Claims | Bombay HC (2014)

¶1

fa1006.13

¶2

-1-

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

FIRST APPEAL NO. 1006 OF 2013

¶5

Lata w/o Gautam Waghmare, Age 42 years, Occ. Household, 2. Gautam s/o Chanduji Waghmare, age 47 years, Occ. Business, Both R/o. Sidharth Nagar, Basmat, Tq. Basmat, district Hingoli ...Appellants versus 1. Babulal s/o Ramchandra Bagale, Age major, Occ. Business, R/o. Shukrawar Peth, Basmat, Tq. Basmat, District Hingoli 2. The New India Assurance Company Ltd., Through its Branch Manager, Yashodeep Building, Shivaji Road, Parbhani, Tq. And district Parbhani ...Respondents ..... Mr. A.B. Dhongde, advocate for the appellants Mr. S.R. Bodade, advocate for respondent No.2 .....

¶6

CORAM : K. U. CHANDIWAL, J. DATED : 20^th JANUARY, 2014

¶7

JUDGMENT :-

¶8

Admit. 2. Heard finally. Perused the record.

¶9

Learned counsel for the appellants-claimants has urged for

¶10

enhancement of compensation of Rs.4,90,000/- with interest @ 7%

¶11

fa1006.13

¶12

-2-

¶13

p.a. recorded by learned Member, M.A.C.T. Basmat dated 8.10.2012. According to learned counsel, the deceased was 20 years unmarried D. Ed. stipend drawing candidate. She has lost her life at young age. 50% future prospects were required to be considered which the learned Member has not considered.

¶14

As against this, learned counsel for the respondent-Insurance company says, in fact, the notional income of deceased treated as Rs. 6000/- p.m. by the learned Member itself has no basis, it should have been Rs.3000/- p.m. If this calculation, according to him, carried there is no need for enhancement. To buttress this submission, he has placed reliance on the judgment of Supreme Court in the matter of Laxmi Devi and others vs. Mohammad Tabbar and Anr – AIR 2008 SC 1858 . He further adds, the deceased was carrying heavy luggage on her bike, due to which she could not control herself and came in contact with rear wheel of the truck. This is also according to him, will require an assessment by the appellate court.

¶15

There is no legal impediment in tuning to the decision of the Apex Court in respect of deducting 50% of amount for personal expenses as deceased was unmarried. The factual scenario in this case illustrates, the deceased, a bachelor had a stipend of Rs.1,500/p.m. It is uncertain whether she would have got employment. In this

¶16

fa1006.13

¶17

-3-

¶18

speculative embryonic stage, the learned Member should have considered the scope of notional income. That apart, ages of the parents are shown in the petition to be 40 and 45 years. The date of birth on the licence of petitioner No.2 was 26.7.1963, which made the learned Member to believe the age of petitioner No.2 to be 46 years.

¶19

The learned Member has disbelieved the evidence of driver, however, considering the deceased carrying a bag and she was allegedly communicating with petitioner No.2, this was also one of the aspect to be considered. There is no discussion worth consideration for contributory negligence.

¶20

Learned counsel for the appellants has placed reliance on the following decisions of the Supreme Court.

¶21

i) Rajesh @ Ors. vs. Rajbir Singh & Ors (2013 (6) Scale 563.

¶22

ii) Santosh Devi vs. National Insurance Company Ltd. And Ors. (2012) 6 SCC 421

¶23

iii) Sanobanu Nazirbhai Mirza and Ors vs. Ahmadabad Municipal Transports Service (Civil appeal No. 8251 of 2013, decided on 3.10.2013)

¶24

iv) National Insurance Co. Ltd. vs. Vaishali Harish devare & Ors (2013 (1) Mh.L.J. 411

¶25

fa1006.13

¶26

-4-

¶27

To repeat, there is no contest on legal proposition enumerated by the Apex Court. The legal position is indicated by the Supreme court commencing from 1996 in the matter of U.P. State Road Transport Corporation vs. Trilok Chandra-(1996) 4 SCC 362, Smt. Sarla Verma and others vs. Delhi Transport Corporation & Anr - AIR 2009 SC 3104 , Santosh Devi vs. National Insurance Company Ltd. And Ors. (2012 (5) Mh.L.J. 527 and National Insurance company Limited vs. Saroj (Smt) And others - (2009) 13 SCC 508. Applying the scale of the Apex Court’s judgment, though the appellants assert entitlement of 50% future prospectus, however, calculating the same in juxtaposition with age of the appellants, age of the deceased and the manner in which accident had taken place, the applicability of 50% future prospects will not be available. Additional amount of Rs.50,000/- with interest @ 7.5% p.a. from the date of application i.e. 21.1.2010 on all counts needs to be added. The appeal is partly allowed. The respondent Insurance Company to deposit the enhanced amount of Rs.50,000/- with interest as compensation within two months, failure, the interest would be charged @ 9% p.a..

¶28

Lata Gautam Waghmare and Anr. v. Babulal Ramchandra Bagale and Anr.

Case brief

What is this about?

What did the court decide?

Lata Gautam Waghmare and Anr. v. Babulal Ramchandra Bagale and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Gangaram Laxman Deokar Vs the State of Maharashtra and Others

M/S National Insurance Co. Ltd. Vs Charandas Hema Vanjari and Ors.

M/S National Insurance Co. Ltd. Vs Charandas Hema Vanjari and Ors.

New India Assurance Co. Ltd. Vs Prasanna Dhirendra Yelnoorkar and Ors.

The State of Mah Vs Babasaheb Bappaji Aage and Anr.

The State of Mah and Ors. Vs Sheshrao Ganpati Thosar L.Rs. Sumanbai Sheshrao Thosar and Ors.