Mr. Prakash Sahadeo Dhule & Anr. vs Keshav Nabaji Khude & Ors.

This appeal is preferred by the appellants-claimants for enhancement of compensation amount.

It is contention of learned counsel for the appellants-claimants that the deceased was permanent employee of Shinrai Auto Service Ltd. Mumbai and getting salary of Rs.17,000/- per month. The salary certificate is produced on record, but the Tribunal has considered his salary on lower side. Learned counsel further submitted that the Tribunal has awarded consortium amount on lower side. The Tribunal considered the future prospects at 40% it should be 50%, hence, requested to allow the appeal.

It is contention of learned counsel for respondent/insurance company that no documents are produced on record to prove the income of the deceased. The Tribunal has passed well reasoned order. No interference is required in it, hence, requested to dismiss the appeal.

I have heard both the learned counsel, perused impugned judgment and order passed by the Tribunal.

It is claimant’s case that the deceased was working as sales coordinator in Shinrai Auto Service Ltd. Mumbai and was getting salary of Rs.17,000/- per month. To prove it, the claimants have examined PW3-Siddhesh Haldankar. He has stated that the deceased was working in their company as sales coordinator and getting salary of Rs. 17,000/- per month. The salary certificate is at Exhibit-79. In cross-examination he has stated that he did not produce the appointment letter of the deceased.

While dealing with the issue of income of the deceased, the Tribunal has observed that no appointment letter of the deceased was produced on record and in salary certificate bank account number is mentioned, but bank account statement is not produced on record. On that ground the Tribunal has considered the notional monthly income of the deceased at Rs. 10,000/-. I am unable to understand the observations of the Tribunal as PW-2, who is the employer of the deceased has categorically stated that the deceased was working in their company, it supports the claimant’s case. The salary certificate is at Exhibit 78 mentions the bank account number. Not producing the bank statement, cannot be said that the deceased was not getting salary. The observations of the Tribunal are perverse. Considering the evidence on record, I am considering the monthly income of the deceased at Rs. 17,000/-.

While awarding the compensation, the Tribunal has considered future prospects at 40%. At the time of incident, the deceased was 34 years old. He was permanent employee. As per the view of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi 2017 ACJ 2700 (SC), the claimants are entitled for 50% future prospects. The Tribunal has awarded consortium amount on lower side. As per the view of Hon'ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram 2018 ACJ2782 (SC), each claimant is entitled for Rs.48,000/- as consortium amount, Rs.18,000/- funeral expenses and Rs.18,000/- for loss of estate.

It is contention of learned counsel for the respondent-insurance company that the interest rate awarded by the Tribunal is on higher side, it should be on lower side. I find merit in it. The Tribunal has awarded 9% per annum interest rate, I am considering it at 7.5% per annum.

Considering above calculations, the claimants are entitled for following compensation.

In view of above, I pass following order:

In view of the above, the appeals are allowed and disposed off.

All pending applications, if any, stand disposed off.