Anita and ors. Vs. Jaswantsing Majorsing Jat and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/367171
SubjectMotor Vehicles
CourtMumbai High Court
Decided OnMar-26-2007
Case NumberF.A. No. 171 of 2007
JudgeN.V. Dabholkar and ;M.G. Gaikwad, JJ.
Reported in2008ACJ305
ActsMotor Vehicles Act, 1988 - Sections 163A
AppellantAnita and ors.
RespondentJaswantsing Majorsing Jat and anr.
Appellant AdvocateRenuka Ghule, Adv.
Respondent AdvocateV.N. Upadhye, Adv.
DispositionAppeal dismissed
Excerpt:
- section 34: [d.k. deshmukh, s.j. vazifdar & j.p. devadhar, jj] court fee on petition under section 34 of the act bombay court fees act (36 of 1959), schedule i, article 3, schedule ii, article 1(f)(iii) held, according to article 3 of schedule i, on any plaint, application or petition or memorandum of appeal for setting aside or modifying an award, same court fee is payable as is payable on a plaint or memorandum of appeal under article 1. thus, when an award is challenged by a plaint, application, petition or memorandum of appeal, court fee is payable on ad valorem basis. but from this requirement of payment of court fee on ad valorem basis, article 3 excludes an application or petition or memorandum of appeal filed in civil or revenue court challenging any award made under the.....n.v. dabholkar and m.g. gaikwad, jj.1. heard advocate mrs. renuka ghule for appellants and advocate mr. v.n. upadhye for respondent no. 2. advocate mr. upadhye has vehemently opposed admission of the first appeal.2. this is a first appeal challenging the award passed by motor accidents claims tribunal, jalna, while disposing of motor accident claim petition no. 134 of 2001, by its judgment and order dated 4.11.2003. needless to say that being an appeal by the claimants, main grievance is regarding quantum of compensation.3. with the help of the lawyers, we have gone through that part of the judgment, which pertains to the evidence regarding income of the deceased and computation of compensation towards loss of income of the family (claimants are legal heirs of the deceased). these details.....
Judgment:

N.V. Dabholkar and M.G. Gaikwad, JJ.

1. Heard Advocate Mrs. Renuka Ghule for appellants and Advocate Mr. V.N. Upadhye for respondent No. 2. Advocate Mr. Upadhye has vehemently opposed admission of the first appeal.

2. This is a first appeal challenging the award passed by Motor Accidents Claims Tribunal, Jalna, while disposing of Motor Accident Claim Petition No. 134 of 2001, by its judgment and order dated 4.11.2003. Needless to say that being an appeal by the claimants, main grievance is regarding quantum of compensation.

3. With the help of the lawyers, we have gone through that part of the judgment, which pertains to the evidence regarding income of the deceased and computation of compensation towards loss of income of the family (claimants are legal heirs of the deceased). These details are available in para 8 of the judgment. Learned Member of the Tribunal has relied upon salary certificate produced at Exh. 58, which showed gross salary of deceased to be Rs. 5,846 per month. It also showed bifurcation of payments as follows:

Basic pay Rs. 3,455Special pay Rs. 160Dearness allowance Rs. 1,486Washing allowance Rs. 30House rent allowance Rs. 622H.C.A. Rs. 18T.P.T. allowance Rs. 75

4. There were only two items of deductions from salary, i.e., Rs. 2,100 towards G.P.F. and Rs. 30 towards group insurance scheme. In fact, a copy of this salary certificate is available in the paperbook at page 34. Even on going through para 7 of the judgment, claimants pleaded the deceased to be a Head Constable, Radio Operator attached to Border Security Force and salary seems to be the only source of income. Although it was pleaded that total emoluments of the deceased were Rs. 7,977 per month, salary certificate produced spoke otherwise. Learned Member of Tribunal has accepted the salary certificate as it is. After deducting '/3rd amount for personal expenses, he has arrived at a conclusion that annual income of the deceased was Rs. 70,152, out of which Rs. 23,384 were required to be spared for personal expenses of the deceased and thus, for the family and legal representatives, loss of income was of Rs. 46,768. Taking into consideration age of the deceased to be 32 years, learned Member of Tribunal has taken multiplier of 17 and computed compensation payable to be Rs. 46,768 x 17 = Rs. 7,95,056. Further amount of Rs. 2,000 towards funeral expenses and Rs. 5,000 towards loss of consortium is also awarded.

4.1. Considering the fact that the gross salary income is taken as basis, and if the multiplier as available from the Second Schedule under Section 163-A of the Motor Vehicles Act, 1988, is taken as it is, we find no room to consider enhancement of compensation, or payment of any further amount.

5. We, therefore, find no merits in the appeal and the same is, therefore, dismissed.