Bharti Wd/o Vilas Bramhanwade & Ors. vs Nandkishor Kabra & Ors.

Heard.

The appellants/claimants challenged the judgment and order passed by the learned Motor Accident Claims Tribunal, Chandrapur, dated 05.12.2017 passed in M.A.C.P. No.26/2014, on the ground that the learned Tribunal failed to consider the fact that the parents being residing separately, they are not entitled for the compensation in the matter.

It is undisputed fact that appellant No.1 is the widow and appellant Nos.2 and 3 are the minor children of the deceased Vilas Sadashiv Bramhanwade. On 24.07.2013, deceased Vilas died in a motor accident. At the time of accident, Vilas was serving as a Clerk at Late Shri Tharbaji Sonkusre Vidyalaya, Talegaon, Tq. Kurkheda, District Gadchiroli. At the time of his death, his last income was Rs.20,054/- per month. On the basis of this, the claimant has filed the claim petition before the Motor Accident Claims Tribunal, Chandrapur. In the said petition, the parents of the deceased were impleaded as a respondents. The submission of the claimants was that the respondents parents were residing separately and they are not dependent on the deceased. Hence, they are not entitled for any compensation in the matter.

During the pendency of the claim petition, the mother of the deceased namely Sau Manjulabai Bramhanwade was expired. As such, only surviving parents of the deceased was respondent No.4 before the Claim Tribunal.

In light of the submission made by the parties before the Claim Tribunal, the matter has been decided on merits and thereby awarded the compensation of Rs.31,67,224/-. The Claim Tribunal has held that along with the claimants, the father of the deceased is also entitled for the compensation.

The present appellants/claimants, being aggrieved by the findings recorded by the learned Tribunal that the father of the deceased entitled for the compensation preferred the present appeal before this Court. During the pendency of the present appeal, the father of the deceased namely Sadashiv Bramhanwade was also expired and the legal representatives of Sadashiv were brought on record. According to the appellate, as Sadashiv himself was not entitled for the compensation, consequently, the legal representatives of Sadashiv, who were brought on record are also not entitled for the compensation in the matter.

Per contra, learned Counsel for the respondents stated that the father comes in the category of legal representative of the deceased. There is no provision under the Act nor any judgment of the Court, which prohibit the compensation to the parents of the deceased. Hence, it is the submission of the respondents that finding recorded by learned Tribunal cannot be held to be perverse and illegal in the matter.

In light of the above submission, this matter was heard at length. During the course of hearing, one aspect which is pointed out by the parties is that though there were four dependents as per the judgment of the learned Tribunal, however while determining the deduction towards personal and living expenses, Tribunal has determined 1/3rd deduction towards the personal and living expenses. According to the appellants and respondents, this finding is contrary to the law laid down by this Court as well as Hon’ble Supreme Court of India.

According to them, considering the fact that learned Tribunal has awarded compensation to appellants and respondent father, Tribunal should have held four dependents and accordingly, the deduction should have been 1/4th towards personal and living expenses.

After reveal of this fact, the learned Counsel for the appellants agreeable to the issue that if the judgment and decree of the learned Tribunal is modified to the extent that the deduction towards the personal and living expenses is modified towards 1/4th, he will be satisfied in the matter.

In light of this factual position, the parties have produced on record the calculation of compensation amount by considering 1/4th deduction and thereby claimed the enhanced compensation of Rs.5,23,270/- in the matter. To understand this calculation, the same reproduced as under:

Amount of enhanced compensation :- 36,90,494/-Amount already awarded 31,67,224/-Difference amount :- 5,23,270/-

In light of the above factual as well as legal position, I am of the opinion that the judgment and order of the Tribunal can be modified to the extent that the deduction towards personal expenses is to be considered as 1/4th and thereby the appellants can be held entitled for the enhanced compensation. Hence, I proceed to pass the following order.

The First Appeal is disposed of accordingly. No order as to the costs.