1 fa69-09 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.69 OF 2009 The New India Assurance Co. Ltd. ..Appellant. V/s. Smt. Sonali Digambar Deshmukh & Ors. ..Respondents. Mr. A.Z. Mookhtiar for appellant. Mr. Amol B. Patil i/b. Mr. Amil Sale for respondent Nos.1 to 3. CORAM : B.H. MARLAPALLE AND U.D.SALVI, JJ. DATED : 6TH OCTOBER, 2010 P.C. (PER U.D.SALVI, J.) 1. Heard. Perused the record. 2. The New India Assurance Co. Ltd., the appellant has raised a limited question in respect of the quantum of compensation awarded to the dependents of the deceased victim by the Motor Accident Claims Tribunal, Raigad, Alibag in Motor Accident Claim Application No.414/02 on 09/04/2008. 2 fa69-09 3. The fact, that the deceased Digambar Jayvantrao Deshmukh sustained fatal injuries and died on the spot of accident as a result of he being thrown off the motor cycle due to the dash of speeding offending vehicle Tempo No. MH-06-G-3549 which was validly insured with the appellant Insurance Co., is not in dispute. The evidence of A.W. Prakash Hambeer, personnel Officer of Pearl Co. shows that the deceased Digambar Jayvantrao Deshmukh was serving as a Junior Officer Production with the said Company and was drawing taxable income of Rs.1,08,650/- annually from the said Company vide a memorandum of settlement Exhibit 50. The evidence of the applicants / claimants brought forth the school leaving certificate Exhibit 37 issued by Rayat Shikshan Sanstha. The certificate-Exhibit 37 reveals that birth date of the deceased is 01/08/1974 thereby signifying the crucial factor of age of the deceased at the material time. It shows that the deceased was aged about 28 years at the time of the accident which took place on 16/2/2002. 4. The learned Tribunal took into account the aforesaid vital facts namely the annual income and age of the deceased, as revealed from the evidence for the purpose of computing the loss of dependency of the claimants as under:- 3 fa69-09 i. Annual income of the deceased. Rs.1,08,000/- ii. Income available to the dependents after deducting 1/3rd amount of it therefrom towards personal expenses of the deceased. Rs.72,000/- iii. Loss of Dependency calculated as per Section 163-A of the Motor Vehicles Act, 1988. (Available income) x 16 = Rs.11,52,000/- 5. The learned Tribunal computed total compensation due by adding to the loss of dependency, the compensation due on account of loss of estate, consortium and love and affection and funeral expenses. The computation of the total compensation is to be found in para Nos.15 & 16 of the impugned judgment and is reproduced as under:- Rs. P. Loss of dependency 11,52,000.00 Funeral expenses 3,000.00 Loss to estate 15,000.00 Loss of love and affection 15,000.00 Consortium 15,000.00 Total compensation ------------------- 12,00,000.00 =========== 4 fa69-09 6. Learned Advocate Mr. Mookhtiar failed to point out anything to question the computation of compensation done by the learned Tribunal in the instant case, particularly with reference to the judgment in Sarla Verma's case [Sarla Verma (Smt) & Ors. V/s. Delhi Transport Corporation & Anr. (2009) 6 Supreme Court Cases 121]. The appeal is, therefore, rejected with no order as to costs. (U.D.SALVI, J.) (B.H. MARLAPALLE, J.)