PADMABAI Vs. RAMLAL

JUDGEMENT

(1.) This appeal is by the claimants/legal heirs of deceased Ganesh Tayade. Deceased Ganesh Tayade went to Village, Akot on 16-11-2006. In the evening at about 6.00 p.m., he was standing by the side of the road and was waiting for a vehicle for going to his village. That time, truck bearing no. MH-27-A-4043 owned by the respondent no. 1, driven by the respondent no. 2 and insured with the respondent no. 3 came in rash and negligent manner and gave dash to the deceased. Deceased sustained serious multiple injuries and died before any medical treatment. Said accident took place due to rash and negligent driving of the truck driver. Report was lodged. Truck driver was prosecuted for the offences punishable under Sections 279 and 304-A of the Indian Penal Code. The appellants/legal heirs of deceased filed Claim Petition No. 3/2007 before the Motor Accident Claims Tribunal (MACT), Akola, Division at Akot. MACT allowed the claim petition and granted compensation of Rs. 3,37,000/- along with interest at the rate of 7% per annum. MACT has taken into consideration the earning of deceased at Rs. 3,000/- per month. Hence, the present appeal is only on the quantum of compensation.

(2.) Heard learned Advocate Shri Thakkar for the appellants. He has submitted that deceased was aged about 45 years at the time of accident. In view of the judgment of Hon'ble Apex court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi and ors., 2017 16 SCC 680, the claimants/appellants are entitled for future prospects. Learned Advocate has pointed out recent judgment of the Apex Court in the case of Magma General Insurance Co. Ltd. Vs. Nanu Ram and ors., 2019 4 MhLJ 1. Learned Advocate has submitted that the appellants are entitled for compensation under other heads also, therefore, prayed to allow the appeal.

(3.) Learned Advocate Shri Joshi for the respondent no. 3 has strongly supported the impugned judgment and submitted that deceased was unskilled person as he was not having any permanent job, in view of the judgment of Apex Court in the case of Sarla Verma (Smt) and ors. Vs. Delhi Transport Corporation and anr., 2009 6 SCC 121, the compensation awarded by the Tribunal is perfect and legal.