The main legal point established in the judgment is the reassessment of compensation amount in view of the recent guidelines laid down by the apex Court in the case of Pranay Sethi.

JUDGMENT

Shrikant D. Kulkarni, J. - It is an appeal for enhancement of compensation amount filed by the appellants / claimants by taking aid of Section 173 of the Motor Vehicles act, 1988.

2. The deceased Naresh (son of the original claimant nos. 1 and 2) was returning home on his bicycle on 25.07.1993 about 9.15 a.m. The Tanker bearing registration no. MTG-8961 driven in a rash and negligent manner, gave dash to the deceased and caused accident. Naresh sustained serious injuries in the accident and succumbed to death.

3. The parents of the deceased had filed claim under Section 166 of the Motor Vehicle act, 1988 and sought compensation on account of death of their son Naresh in a motor vehicular accident. The Member, M.a.C.T., Jalgaon after considering the rival pleadings of the parties, evidence on record and considering argument advanced on behalf of both the sides was pleased to partly allowed the claim to the tune of Rs.1,68,000/- with interest @ 7.5% per annum from the date of claim petition till its realization by fastening the liability jointly and severally on the owner and the insurer of the Tanker involved in the accident.

4. Feeling aggrieved by the impugned judgment and award passed by the Tribunal, the appellants / claimants have preferred this appeal.

5. It appears from the record that the father of the deceased died during the pendency of the claim petition and his legal heirs were brought on record who have prosecuted the present appeal.

6. Heard Mr. M.R. Malpani holding for Mr. ajit Kale, learned counsel for the appellants / claimants and Mr. a.B. Gatne, learned counsel for respondent no.2. Mr. D.M. Pingle, learned counsel for respondent no.1, remained absent at the time of argument.

7. Mr. Malpani holding for Mr. Kale, learned counsel for the appellants / claimants invited my attention to the Constitution Bench decision of the Hon'ble Supreme Court in case of National Insurance Company Limited Vs. Pranay Sethi and others reported in (2017 (16) SCC 680. He submitted that the appellants / claimants are entitled to get compensation under the various heads including future prospects . He, therefore, urged to enhance the amount of compensation by placing reliance in case of Pranay Sethi (supra).

8. Mr. a.B. Gatne, learned counsel for respondent no.2 invited my attention to the impugned judgment delivered by the Tribunal. He pointed out that the deceased was bachelor at the time of accident. The Tribunal has committed an error while deducting 1/3rd from the income of the deceased towards personal expenses. The Tribunal ought to have deducted one half () from the income of the deceased towards his personal expenses. It has resulted in awarding exorbitant compensation.

9. It is not in dispute that the deceased Naresh Ramdas Kasar met with death in a motor vehicular accident on 25.07.1993. The vehicle involved in the accident i.e. Tanker was duly insured with respondent no.2 at the time of accident. The question is about determination of compensation in view of the recent decision of the apex Court in case of Pranay Sethi (supra).

10. The apex Court decision in case of Pranay Sethi (supra) was not in the field when the impugned judgment and award came to be passed by the M.a.C.T., Jalgaon. The amount of compensation now, therefore, needs to be reassessed in view of guidelines laid down by the apex Court in case of Pranay Sethi (supra). It is rightly pointed out by Mr. Gatne that the Tribunal has committed an error while making 1/3rd deduction from the income of the deceased at the time of making calculation of compensation and one half () amount needs deducted from the income of the deceased towards personal expenses as per the decision of the apex Court in case of Pranay Sethi (supra).

11. The appellants / claimants are also entitled to get compensation under the head of future prospects, loss of estate, loss of dependency, loss of consortium and funeral expenses, etc. by taking help of decision in case of Pranay Sethi (supra)