VIMALBAI JAGAN MAHAJAN Vs. SATISH ANANTRAO PATIL

JUDGEMENT

(1.) This is appeal by the original claimants for enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act. The claimants are parents of the deceased Dattatraya. Their accident claim M.A.C.P. No.167/2010 was allowed by the Member, Motor Accident Claims Tribunal, Jalgaon, by judgment dated 9.9.2016 and compensation of Rs. 5,04,000.00 was awarded.

(2.) Learned Advocate Shri Bhokarikar for the claimants/ appellants submits that, the learned Tribunal wrongly assumed the income of the deceased at Rs. 3000.00 per month . It should have been assumed at Rs. 4500.00 per month. There should have been further increase of 40% by way of future prospects. He has no grievance that 50% for personal expenses of the amount has been deducted as the deceased was a bachelor. He claims that, the judgments needs modification and enhancement of the compensation in the light of the above facts.

(3.) Per contra, Shri S.R. Bodade, learned counsel for respondent No.2 Insurance Company submitted that, in the case of Laxmi Deviors. Vs. Mohammad Tabbaranr., reported in AIR 2008 SC 1858, learned trial Judge has rightly assumed the income of the deceased at Rs. 3000.00 as he was daily wager, with no documents in evidence about his income. He also submitted that, future prospects at 50% were not permissible and the funeral expenses at Rs. 25,000.00 and loss of love and affection at Rs. 20,000.00 were not proper in view of the judgment in case of National Insurance Company Limited Vs. Pranay Sethiors., reported in [ (2017) 16 Supreme Court Cases 680 ].