Maharashtra State Road Transport Corporation, through Divisional Controller, Mumbai v. Ambubai Sharnappa @ Sharanbasappa Kokare and Ors.
Case brief
What is this about?
Motor accident compensation appeal; Maharashtra State Transport Corporation; Motor Accident Claims Tribunal Solapur; future prospects 40% not 50%; notional income Rs.6,000 per month; multiplier 17; consortium payable to each claimant Rs.48,000; Magma General Insurance Co. Ltd. vs. Nanu Ram 2018 ACJ 2782 (SC); loss of estate Rs.18,000; funeral expenses Rs.18,000; interest reduced from 9% to 7.5% per annum from date of filing of claim petition; enhanced compensation Rs.76,400; total just compensation Rs.13,70,400; appeal partly allowed; Shivkumar Dige, J.; Bombay High Court First Appeal No.412 of 2024.
What did the court decide?
Appeal partly allowed: future prospects fixed at 40%; consortium of Rs.48,000/- awarded to each of the four Claimants along with Rs.18,000/- each for loss of estate and funeral expenses; interest on compensation reduced from 9% to 7.5% per annum; Claimants granted enhanced compensation of Rs.76,400/- carrying 7.5% interest from the date of filing of the Claim Petition till realization; Appellant to deposit the enhanced amount within four weeks along with interest; Appellant permitted to withdraw excess interest from the deposited amount; statutory amount with interest to be transferred to the Tribunal; Claimants to pay deficit court fees on the enhanced amount; Record and Proceedings to be sent back to the Tribunal; pending Civil and Interim Applications disposed of.