Bombay High Court
Reliance General Insurance Company ... vs Karun M. Kamble Minor Thr. Natural ... on 19 December, 2018
Author: N.W.Sambre
Bench: Nitin W. Sambre
18-caf2028-18.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION NO. 2028 OF 2018
IN
FIRST APPEAL NO. 190 OF 2018
Reliance General Insurance Company Co.Lt.d -Vrs.- Karun Manohar Kamble and others.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.H.N.Verma, counsel for the appellant.
Mr. Madhur Deo h/f Mr.N.P.Lambat, counsel for respondent no.2.
CORAM : N.W.SAMBRE, J.
DATE : 19.12.2018.
The appellant to deposit entire amount of
compensation keeping in mind the law laid down by the Apex Court, in the matter of Kishan Gopal and and...Vs.. Lala and ors. Reported in 2014(1) SCC 244 particularly observations made in paragraph no.18, which reads thus:
In our considered view, the aforesaid legal principle laid down in Lata Wadhwa's case with all fours is applicable to the facts and circumstances of the case in hand having regard to the fact that the deceased was 10 years' old, who was assisting the appellants in their agricultural occupation which is an undisputed fact. We have also considered the fact that the rupee value has come down drastically from the year 1994, when the notional income of the non- earning member prior to the date of accident was fixed at Rs.15,000/-. Further, the deceased boy, had he been alive would have certainly contributed substantially to the family of the appellants by working hard. In view of the aforesaid reasons, it would be just and reasonable for us to take Kavita ::: Uploaded on - 26/12/2018 ::: Downloaded on - 26/12/2018 23:03:56 ::: 18-caf2028-18.odt 2/3 his notional income at Rs.30,000/- and further taking the young age of the parents, namely the mother who was about 36 years old, at the time of accident, by applying the legal principles laid down in the case of (Sarla Verma v. Delhi Transport Corporation)4 2009 BCI (soft) 439;(2009)6 S.C.C.121, the multiplier of 15 can be applied to the multiplicand. Thus, 30,000 x 15 = 4,50,000 and 50,000/- under conventional heads towards loss of love and affection, funeral expenses, last rites as held in (Kerala SRTC v. Susamma Thomas) [5]1993 BCI(soft)80;(1994)2 S.C.C 176, which is referred to in Lata Wadhwa's case and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs.50,000/- under conventional heads.
The claimants are permitted to withdraw the entire amount of compensation upon executing an usual undertaking to the satisfaction of the Registrar (Judicial) of this Court to the extent of 50% of the amount only.
If the entire amount of compensation is not deposited, the appeal shall stand dismissed without further reference to the court.
The aforesaid order based upon consideration of the fact that the child has not died in accident but suffered serious disablement as he could not walk and is unable to do any manual work.
The amount be deposited in six weeks.
Kavita ::: Uploaded on - 26/12/2018 ::: Downloaded on - 26/12/2018 23:03:56 ::: 18-caf2028-18.odt 3/3 Tobe heard with connected matter.
The learned counsel to supply the number of connected matter.
JUDGE Kavita ::: Uploaded on - 26/12/2018 ::: Downloaded on - 26/12/2018 23:03:56 :::