1 F.A..No.2062 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 2062 OF 2010 The New India Assurance Co. Ltd., Jalna Road, Branch, Beed Through it's authorised signatory - Sr. Divisional Manager at Aurangabad ..APPELLANT (Orig.Respondent No.2) VERSUS 1. Manmath s/o Dhondiram Raut, Age : 73 years, Occu.Agriculture, R/o Lokhandi Sawargaon, Tal. Ambajogai, Dist. Beed 2. Shaikh Akhil s/o Shaikh Pasamiyan, Age : Major, Occu.Business, R/o Pensionpura, Ambajogai, Tal. Ambajogai, Dist. Beed ..RESPONDENTS (No.1 - original claimant No.2 - orig.Resp.No.1) Mr V.R. Mundada, Advocate for the appellant; Mr T.G. Gaikwad, Advocate for respondent no.1; Mr M.S. Karad, Advocate holding for Mr S.S Thombre for respondent no. 2. CORAM : MRS MRIDULA BHATKAR, J. DATE : 29th September, 2011 ORAL JUDGMENT : Since a short issue is involved, this appeal is admitted and with the consent of learned Counsel for the parties taken up for final hearing at 2 F.A..No.2062 of 2010 the stage of admission. 2. This appeal by insurance company is directed against the judgment and award dated 28.12.2009, rendered by the Member, Motor Accident Claims Tribunal, Ambajogai, District Beed, in M.A.C.P. No.13 of 2009, whereby the Tribunal has awarded compensation of Rs.73,000/-, together with interest @ 7.5% per annum from the date of the petition till realisation of the said amount. 3. Facts, in a nut-shell, are as under :- The claim application was filed seeking compensation for the death of she buffalo. The claimant i.e. respondent no.1, an agriculturist was proceeding along with his she buffalo on 10.7.2008. It was around 3.00 p.m. She buffalo was pregnant of 8-1/2 months and she was carrying a foetus. At the bifurcation of Amba sugar factory at Latur road, Tata tempo came in high and excessive speed. The vehicle was driven rash in rash and negligent manner. It gave dash to she buffalo of the appellant and buffalo died on the spot and another was injured. The petitioner lodged complaint at C.R. No.76 of 2008 against the Driver of Tata Tempo. The injured buffalo was taken to the hospital at Ambajogai. She buffalo which died on the spot was six years old. The appellant filed the claim for the buffalo which was pregnant and died on the spot for Rs. 1,00,000/- against the insurance company and the owner of the vehicle. 3 F.A..No.2062 of 2010 The claim was contested by original respondent no.1 owner and the insurance company - respondent no.2. The petition was decided partly in favour of the claimant and amount of the compensation was fixed at Rs. 73,000/-. 4. Shri Mundada, learned Counsel for the appellant has submitted that the insurance company is not disputing the incident of accident and death of she buffalo. The appellant is contesting this appeal only on the ground of quantum of the compensation fixed by the Tribunal as it is found baseless and exorbitant. Learned Counsel for the appellant submitted that the insurance company is ready to pay the amount of Rs. 25,000/-, which was the actual cost of the buffalow at the relevant time. However, the Tribunal has arbitrarily calculated the amount of Rs.48,000/- towards future loss of income. He submitted that no evidence was tendered by the claimant on this point and, therefore, on the point of quantum, award is to be set aside and it is to be reduced to Rs.25,000/-. Per contra, learned Counsel for the respondent/original claimant submits that she-buffalo was carrying a foetus of 8-1/2 months and she was milking buffalo who used to give 7 to 8 Ltrs. milk every day. The claimant, in fact, has suffered loss of Rs.200/- per day and, therefore, the claim of Rs.1,00,000/- was made by the claimant. He submitted that the Tribunal has reduced the claim of Rs.73,000/-, rightly taking into account future loss of the income of the buffalo and, therefore, that order is to be maintained. 4 F.A..No.2062 of 2010 5. Points for determination is as under :- Whether the Tribunal has erred in fixing the amount of compensation ? Ans : Partly yes. It is true that on the point of daily income from she buffalo, no other evidence except the oral evidence is tendered by the claimant. Therefore, the claim of the respondent that he was getting Rs.200/- per day from she buffalo is rightly rejected by the Tribunal. Tribunal has correctly held that monthly income out of the business of milk which the claimant was getting from she buffalo was Rs.1,000/- per month. Tribunal has committed an error in counting the future loss of the income by multiplying by four years. Learned Counsel for the appellant - insurance company is right in submitting that the respondent - claimant could purchase another buffalo out of the amount of Rs.25,000/- which was fixed as price of the she buffalo and he can start a business of milk and, therefore, there cannot be a loss of any future income. However, some time gap is required to be considered and that benefit is to be given to the claimant. Buying a buffalo and then to get the business out of the milk of the new buffalo may take some time and, therefore, benefit of two years is required to be given to the respondent - claimant and so, by fixing the monthly income of Rs.1,000/-, future loss of income for a period 5 F.A..No.2062 of 2010 of two years can be reasonably calculated, which comes to Rs.24,000/-. Thus, the amount of Rs.25,000/-, which is not disputed to be the price of the she buffalo + Rs.24,000/-, which can be fixed as round figure Rs. 50,000/- is appropriate. Thus, the amount of the compensation is reduced from Rs.73,000/- to Rs.50,000/- with interest at the rate of 6% per annum from the date of filing of the claim application. Thus, the appeal is partly allowed with no order as to costs. ( MRS MRIDULA BHATKAR, J.) amj/fa2062.10