1 F.A..No.396 of 2004 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 396 OF 2004 1. Aruna w/o Bhagwat Chavan, Age : 27 years, Occu.Nil, R/at Pangaon, Tq. Renapur, Dist. Latur 2. Ku. Shweta d/o Bhagwat Chavan, Age : 4 years, Occ. Nil, U/g of her mother Aruna Appellant No.1 3. Kisanrao Sahebrao Chavan, Age : 58 years, Occ. Nil, R/at As Above 4. Watchalabai Kisanrao Chavan, Age : 52 years, Occ.Nil, R/at As Above ..APPELLANTS (Ori. Claimants) VERSUS 1. Vishnu Pandurang Mundhe, Age : Major, Occ. owner of Truck, R/at Telgaon, Dist. Beed 2. The New India Assurance Co., Through its Branch Manager, Ashiyana Building, Jalna Road, Beed ..RESPONDENTS Mr S.S. Rathi, Advocate for the appellants; Mr S.S. Kulkarni, Advocate holding for Mr S.L. Kulkarni for respondent no. 2 2 F.A..No.396 of 2004 CORAM : MRS MRIDULA BHATKAR, J. DATE : 13th October, 2011 ORAL JUDGMENT : Appellants have filed this appeal against the judgment and award dated 31.7.2003, passed by the Member, Motor Accident Claims Tribunal, Ambajogai, in M.A.C.P. No.67 of 2001. 2. Appellant no.1 is wife, appellant no.2 is minor daughter and appellants no.3 & 4 are parents of deceased. Deceased was Driver and driving van on the Parli - Ambajogai road. Near village Warwati, a truck loaded with sugarcane which is coming rash and negligently dashed on the van and in the said accident Driver of the van was seriously injured and died. Legal heirs of the deceased, wife, parents and minor daughter through the wife filed claim for the compensation of Rs.5,00,000/-. Before the Tribunal, appellant no.3 who is the father of the deceased examined himself and one Ashok Dake, who was the owner of the van No.MH-12/AQ-1465 was also tendered by the appellants. After considering the evidence; oral as well as documentary, the Tribunal passed award of Rs.70,000/-. Appellants, being aggrieved by the said judgment and award, filed this appeal on the point of quantum. 3. Learned Counsel for the appellants submitted that the Tribunal is 3 F.A..No.396 of 2004 not justified in not awarding compensation to the claimants as per the legal position. It is submitted that there is no discussion about fixing the quantum of the compensation at Rs.70,000/-. The amount of Rs.70,000/- is too meager. He submitted that though appellant no.3 in his evidence has deposed that the income of his deceased son was Rs.4,000/- to Rs. 5,000/- per month, the Tribunal erred in not accepting the same. He submitted that the award passed by the Tribunal is required to be quashed and set aside. 4. Learned Counsel for respondent no.2 insurance company appeared and opposed the claim on the ground that applicants have not produced any documentary evidence in support of his monthly income as Rs.4,000/- to Rs.5,000/- per month. 5. Point for determination involved in the appeal is :- Whether the amount of compensation as awarded by the Tribunal is insufficient and is to be enhanced ? Ans : Yes. 6. Appellant no.3, father has entered the witness and has deposed that his son deceased Bhagwat was driver by occupation. Owner of the van Ashok Dake gave evidence in support of appellant no.3. He was examined on the point of accident. It is true that no documentary 4 F.A..No.396 of 2004 evidence was produced in support of the salary of deceased. However, in the case of Driver or labourer, it is not possible to have a salary certificate or pay slip. As a practice, salary certificate or the pay slip is not issued by the employer. However, fact that deceased was Driver by profession and, therefore, his income is to be considered at Rs.3,000/- per month. Thus, the 1/3rd amount is to be deducted for personal expenses and thus, the dependency is Rs.2,000/- per month. Deceased was 31 years old at the time of the accident. Therefore, multiplier of 17 will have to be applied. So, Rs.2,000 x 17 = Rs.24,000 x 17 = Rs. 4,08,000/-. Expenses of funeral and compensation towards love and affection is calculated between Rs.15,000/-. Thus, the amount of compensation comes to Rs.4,23,000/-. This is the appropriate and reasonable compensation and the appellants are entitled to get this amount. 7. In the result, the appeal is allowed and the judgment and award award passed by the Tribunal is quashed and set aside. It is held that the appellants are entitled to compensation of Rs.4,23,000/- with interest at the rate of 7.5% from the date of filing of the claim petition. Amount of Rs.70,000/-, if deposited by the insurance company, is to be deducted from this amount. 5 F.A..No.396 of 2004 In the light of above, all pending Civil Applications do not survive and disposed of accordingly. ( MRS MRIDULA BHATKAR, J.) amj/fa396.04