High CourtsDivision Bench(1986) 12 BOM CK 0005

The New India Assurance Company Ltd. vs Ramkrishna and Others

Bombay High Court · Decided on 6 December 1986 · Citation: (1987) 2 ACC 48

HON’BLE JUDGES
V.A. Mohta, J · A.A. Desai, J

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Judgment

4 paragraphs · 267 words

V.A. Mohta, J.—The New India Assurance Company Limited, the original non-applicant No. 3 (which has chosen to remain ex parte before the Motor Accidents Claims Tribunal, Nagpur) has filed the present appeal challenging only the quantum of compensation granted in a Motor Accident Claim.

2.

Anilkumar aged 14 who was eldest son and a brilliant boy, died in an accident and the Motor Accidents Claims Tribunal has granted a total sum of Rs. 44800/- to the parents and two younger brothers. This is inclusive of a sum of Rs. 5000/- on account of deterioration of health of the mother, a sum of Rs. 150/- by way of compensation for the damage caused to the cycle and a sum of Rs. 50/- by way of notice charges.

3.

Miss Bhamburkar, the learned Counsel for the appellant, contended that the boy was not intelligent. The submission is not correct. The evidence of the father as well as the school teacher has remained unchallenged. The Tribunal considered the age of father (40 years) age of mother (35) and normal life span to be 65 years. Anil was rendering service to the family even at that stage. His then services were valued at Rs. 900/-per year and services after obtaining majority at Rs. 6000/- per year in the beginning. The Motor Accidents Claims Tribunal has given in paras 13 to 19 good reasons for arriving at the amount of compensation. We do not see any case for interference. No other paint is pressed.

4.

In the result, the appeal is dismissed but under the circumstances without any order as to costs.