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Judgment
By this appeal, the appellants are seeking enhancement of compensation it is against the judgment and order passed by the Motor Accident Claims Tribunal, Solapur (for short “the Tribunal”).
It is contention of learned counsel for the appellants that the deceased was working with ATIT Management Service Pvt. Ltd. and getting Rs. 18,000/- per month salary, but the Tribunal has considered his monthly income at Rs. 10,000/- per month, which is on lower side. He further submitted that the Tribunal has not awarded future prospects, and the consortium amount awarded is on lower side. Hence, requested to allow the appeal.
It is the contention of learned counsel for respondent No. 2- insurance company that no evidence is produced on record to prove the income of the deceased. The Tribunal has passed well-reasoned order, no interference is required in it, and requested to dismiss the appeal. He relied on
United India Insurance Co. Ltd. And Ors. vs. Patricia Jean Mahajan And Ors.[2002 (2) T. A.C. 721 (S. C.)].
United India Insurance Co. Ltd. vs. Bindu And Ors. [2009 ACJ 1097].
Syed Basheer Ahamed And Ors. vs. Mohd. Jameel And Ors. [2009 ACJ 690].
I have heard both learned counsel, perused the impugned judgment and order passed by the Tribunal.
To prove the income of the deceased, the claimant no.1 has examined herself. She stated that her deceased son was working with ATIT Management Services Pvt. Ltd. and getting salary of Rs. 18,000/- per month. In support of her evidence the claimants have examined (PW2) Sachin Khankal, Manager of ATIT Management Services Pvt. Ltd. He has stated that the deceased was working in their company and getting salary of Rs.18000/- per month. The salary slip is at Exhibit-33. In cross-examination he has admitted that their company was providing Rs.3,000/- per month for petrol expenses.
It appears from the evidence of PW2 that the deceased was working with their company and he was getting salary of Rs.18,000/-per month including the petrol expenses of Rs.3,000/-. Hence, I am considering Rs. 15,000/- per month as monthly income of the deceased.
While awarding compensation, the Tribunal has not awarded future prospects. 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 40% 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.
Considering above calculations, the claimants are entitled for following compensation.
| Monthly Salary | Rs15,000/- |
| Annual Income | Rs.1,80,000/- |
| Add: 40% future prospects | Rs.72,000/- |
| Rs. 2,52,000/- | |
| Multiplier 18 (Rs.2,52,000/- X 18) | Rs.45,36,000/- |
| Less ½ amount for personal expenses | Rs. 22,68,000/- |
| Total | Rs.22,68,000/- |
| Loss of consortium Rs.48,000/- X 2 (Claimants) | Rs.96,000/- |
| Funeral Expenses | Rs.18,000/- |
| Loss of Estate | Rs. 18,000/- |
| Total amount of compensation | Rs.24,00,000/- |
| Less awarded by the Tribunal | Rs.16,22,000/- |
| Enhanced amount | Rs.7,78,000/- |
In view of above, I pass following order:
ORDER
Appeal is allowed.
The appellants/claimants are entitled for enhanced compensation of Rs.7,78,000/- @ 7.5% interest from the date of filing claim petition till realization of the amount. Out of this amount Rs.1,32,000/- is consortium amount, the claimants are entitled @ 7.5% interest on it from 1st November 2017, till realization of the amount.
The respondent No.2 - insurance company shall deposit the enhanced compensation amount along with accrued interest thereon, within six weeks after receipt of this order.
The appellants/claimants are permitted to withdraw the deposited amount along with accrued interest thereon.
The claimants shall pay the deficit Court fees on enhanced amount, if any, as per Rule.
Record and Proceedings be sent back to the Tribunal.
In view of the above, the appeal is allowed and disposed of.
All pending applications, if any, stand disposed of.