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2018 Supreme(Bom) 1292

A.M.DHAVALE
Bhagwat Namdev Dunde – Appellant
Versus
Dinesh Kantilal Bedmutha – Respondent


Advocates Appeared:
For the Appellant :Mr. Madhav M. Bhokarikar, Advocate
For the Respondent:Mr. Kalyan V. Patil, Advocate, Mr. Atul B. Gatne, Advocate

JUDGMENT :

1. The appellants are parents and minor brother and sister of the deceased Gajanan, aged 21 years, who died in accident on 28.10.2013. The Motor Accident Claims Tribunal (MACT), Jalgaon by judgment dt. 11.01.2016 in MACP No. 343/2013, awarded compensation of Rs. 7,52,000/- with interest at the rate of 7.5% p.a. Still, the claimants expect higher compensation and they have preferred this appeal.

2. Shri. M. M. Bhokarikar, learned counsel for the appellants argued that, the deceased was aged 21 years and was getting gross salary of Rs. 6045/-. The Tribunal erred in taking his salary at Rs. 5,000/- by wrongly considering the deductions. The Tribunal awarded future prospects at the rate of 30%. Those should have been awarded at the rate of 50%, as per the law prevailing then, but, now in view of the judgment in National Insurance Company Vs. Pranay Sethi reported in AIR 2017 SC 5157 (Bench of 5 Judges), the future prospects should be quantified at 40% with multiplier of 18 and there should be proportionate enhancement. He fairly conceded that, as per Pranay Sethi's case (s


























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