Appeal against compensation award for motor accident death. Court followed Supreme Court precedent to reduce future prospects from 50% to 40% of unproven income, allowing appeal in part.
Compensation revised to Rs. 6,46,200/- with interest @9% p.a.; statutory deposit transferred to MACT.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL ST. NO. 17586 OF 2017 WITH CIVIL APPLICATION NO. 3662 OF 2017 WITH CIVIL APPLICATION NO. 3663 OF 2017 IN FIRST APPEAL ST. NO. 17586 OF 2017
The New India Assurance Co.Ltd.
Versus
Mr. Sayyad Abdus Sadique & Anr. …Respondents
WITH CIVIL APPLICATION ST. NO. 5050 OF 2018 IN FIRST APPEAL ST. NO. 17586 OF 2017
Mr. Sayyad Abdus @ Abdul Sadique …Applicant
Versus
The New India Assurance Co. Ltd. & Anr. …Respondents
Mr.Devendranath S. Joshi for the Original Appellant. Mr. Vilas R. More for Respondent Nos. 1 and 2 and the Applicant in CAFST No. 5050 of 2018.
CORAM: MRS.MRIDULA BHATKAR, J. DATE : FEBRUARY 22, 2018
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P.C.:
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file written statement. The insurance company appeared, filed written statement and contested the claim mainly on the ground of negligence. The original claimants adduced evidence. After considering the oral as well as documentary evidence, the learned Member of the tribunal allowed the application to the extent of Rs. 6,87,000/- along with interest @ 9% p.a. Hence, this Appeal.
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future prospects for the age group below 40 years. In this case, the learned Member of the tribunal has fixed 50% of the income of the deceased for future prospects.
6 . The learned Counsel for respondent nos. 1 and 2 submits to the order of this Court.
7 . Considered the submissions. Perused the impugned order. In view of the judgment in the case of National Insurance Company Limited Versus Pranay Sheti and Ors. (supra), the computation of future prospect amount can be reduced from 50% to 40%. No other defence is available. Hence, the remaining order stands maintained as it is. The calculation of the amount of future prospect is as follows:
| Salary | Rs. 4000/- |
|---|---|
| 40% Future Prospect | Rs.1600/- |
| Total | Rs. 5600/- |
| 50% dependency | Rs. 2800/- |
| Annual Salary | Rs. 33,600/- |
| Multiplier | 17 |
| Loss of Income | Rs. 5,71,200/- |
| Conventional Heads | Rs. 75,000/- |
| Total | Rs. 6,46,200/- |
| Interest maintained @9% p.a. |
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(MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether the multiplier and future prospects percentage applied by the tribunal were excessive and required modification.
Whether the statutory limit on future expectations should be curtailed based on the salary not being fully proven.
Colour shows how this judgement treated each authority
National Insurance Company Limited Versus Pranay Sheti and Ors.Followed¶26
AIR 2017 SC 515 · Who else cites this
1 provisions across 1 enactments
The New India Assurance Co. Ltd.
Mr. Sayyad Abdus Sadique & Anr.
Mr. Sayyad Abdus @ Abdul Sadique
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
