Determination of compensation under the Motor Vehicles Act requires a balance between earnings lost and reasonable deductions for personal expenses, recognizing future stability for dependents.

JUDGMENT :

M.M. SATHAYE, J.

1. Heard learned counsel for the Appellant/Insurance Company, learned counsel for the Respondent No.1-Claimant. Respondent nos. 3 and 4 are duly served through newspaper publication as permitted by the Court under order dated 13.12.2022. An Affidavit of service dated 05.06.2023 has also been filed with relevant newspapers. However, none appears for them. Appeal is already dismissed against Respondent No.2 under conditional order dated 25.04.2022. The appeal was posted for final hearing under earlier order dated 23.08.2024. Taken up for final disposal by consent of learned counsel appearing for the parties.

2. This is an appeal by the Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (‘the said Act’ or ‘the M.V.Act’ for short) challenging the Judgment and Award dated 19.04.2018 passed by the Member, Motor Accident Claims Tribunal (MACT), Pune in Motor Accident Claim Petition (MACP) No.129 of 2015. By the impugned Judgment and Award, the claim of Respondent No.1 is granted and the Appellant Insurance Company is directed to pay Rs.50,60,000/- to Respondent No.1 Claimant and Respondent Nos. 3 and 4 along with interest @7.5% per annum from the date of claim application till its realization. It is further directed that the Appellant/ Insurance Company will deposit the amount, but will be entitled to recover it from Respondent No.2 owner/driver of offending dumper (registration No. MH-12-DT-1855). The learned Tribunal has thereafter apportioned the compensation amongst Respondent No.1 and Respondent Nos. 3 and 4.

Thus, the impugned award is a ‘pay and recover’ award.

CASE

3. Few facts necessary for disposal of this appeal are as follows. The claim is under Section 166 of the said Act. On 16.01.2014 at about 10.30 a.m., deceased Prabin Kumar was proceeding from Pashan towards Chandani Chowk on his motorcycle bearing No. MH-12-GG- 398. When he reached a spot in front of Jain Temple, Bavdhan, the offending dumper was proceeding in the same direction, when due to high speed, the driver of the dumper lost control over the vehicle and gave dash to the said motorcycle from cleaner side. In the said accident, the deceased sustained severe multiple injuries, who was rushed to the hospital, but he was declared dead. Respondent No.1 is the widow of the deceased and Respondent Nos. 3 and 4 are parents of deceased. Claim is filed only by widow. It is the case of the Claimant/widow that the offending dumper was being driven in rash and negligent manner due to which accident occurred. Hinjewadi police station has registered crime against the driver of the offending dumper. It is the case of the Claimant/widow that the deceased was 39 years old at the time of accident, who was running business in the name and style of M/s. Rajhans Telecom and Peripheral Services since 2004. They had no children. Deceased was wholesaler, reseller and retailer of Tea/coffee vending machines, fax, printer, projector, video conferencing equipment, cartridges, vending machines, photocopiers etc. It is contended that the deceased was an Income Tax payee (‘IT’ for short) having bright future. Based on his IT returns, compensation of Rs.1,81,00,000/- was claimed form the Appellant Insurance Company and owner/driver of the offending dumper jointly and severally