Advocates:
['ADV U R TIMBLE', '', 'ADV YADIKA MANDREKAR', 'ADV PAVITHRAN A V', 'B', '', 'ADV BHOBE SHRADHA SUBHASH', 'ADV ASHWIN D BHOBE', 'ADV JAMES LOPES']

4-FA 106-15.DOC

Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.106 OF 2015

The New India Assurance Company Ltd.,

Jagannath Building, Jose Inacio de Loyola

Road, Near Fly over, Margao Goa.

(Insurance Company of the

Tata

Tipper

Truck).

…Appellant

Versus

1. Mrs. Diya Deepak Narvekar,

Aged 28 years, married, housewife,

(for self and natural guardian of)

1a) Miss. Issheta Deepak Shet Narvekar,

Aged 07 years, unmarried, student,

1b) Master Raunak Deepak Shet Narvekar,

Aged 04 years, unmarried, All Indian

Nationals and residents of H.No.E-35,

Housing Board Colony, Gogal, Margao

Goa.

2. Marcus Inacio Gomes,

S/o Inacio Gomes, major of age,

R/o H.No.530, Agali Margao, Salcete Goa.

(Driver of the Tata Tipper

Truck)

3. Mr. Beny Gomes,

S/o Jose Gomes, major of age,

R/o H.No.550, Agali Fatorda,

Salcete Goa (Owner of the Tata Tipper

Truck).

4. Ashok Mahadev Gawas,

S/o Mahadev Gawas, major of age,

R/o Ambeshiwada, Amona, Bicholim Goa.

(Driver of Swift Car).

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4-FA 106-15.DOC

5. Mr. Dinesh Datta Sawant,

S/o Datta Sawant, major of age,

R/o H.No.537, Khandola,

Marcela, Ponda Goa.

6. ICICI Lombard General Insurance Co.

Ltd. Mahalaxmi Branch, Mumbai

(Insurer of Swift Car).

...Respondents

Mr. U. R. Timble and Ms. Y. Mandrekar, Advocates for the appellant.

Mr. Pavithran A. V., Advocate for respondent Nos. 1, 1(a), and 1(b) –

Claimants.

Mr. A. D. Bhobe, Advocate for respondent No.3 – Owner.

CORAM:

M. S. SONAK, J

DATE :

30

th June 2022

ORAL JUDGMENT

1.

Heard Mr. Timble, learned counsel for the Appellant.

Mr. Pavithran appears for respondent Nos.1, 1(a), and 1(b)-

Claimants, and Mr. Bhobe appears for respondent No.3-Owner.

2.

In this case, there is some issue about service on respondent

No.2-driver of the insured vehicle involved in the accident. However,

Mr. Timble rightly points out that since the main issue involved in

this appeal is about the quantum of compensation, failure of service

on respondent No.2 will not be material.

3.

The challenge in this appeal is to the judgment and award dated

30.06.2015 in Claim Petition No.3/2012 made by the Motor

Accident Claims Tribunal sitting at Ponda.

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4-FA 106-15.DOC

4.

The tribunal has awarded total compensation of 23,62,872/-

₹

to the claimants with interest at the rate of 9% per annum from the

date of the claim petition.

5.

Mr. Timble submits that there was no evidence, in this case, to

sustain the finding that the deceased Deepak Narvekar was drawing a

monthly salary of KD-140 (Kuwait Dinar). He submits that in the

absence of proper legal evidence, the tribunal erred in taking the

income of the deceased at 16,000/- per month.

₹

6.

Mr. Timble submits that the award of 1,00,000/- each to the

₹

claimants towards loss of love and affection is contrary to the law laid

down in National Insurance Company Limited Vs. Pranay Sethi

and others

1. He submits that at the most an amount of 40,000/-

₹

each could have been awarded towards loss of consortium. Mr. Timble

submits that the award of 50,000/- towards funeral expenses is also

₹

contrary to the law laid down in Pranay Sethi (supra) and the amount

not exceeding 15,000/- could have been awarded.

₹

7.

Mr. Pavithran defends the impugned award based on the

reasoning reflected therein. He submits that the tribunal has taken the

income of the deceased at only KD-100 instead of KD-140. He

submits that there is no award towards loss of estate. He, therefore,

submits that this appeal should be dismissed.

1 (2017) 16 SCC 680

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4-FA 106-15.DOC

8.

The rival contentions now fall for determination.

9.

On the aspect of the salary of the deceased, the claimants have

examined Rupesh Palyekar (AW6). He was working for Kuwait

Resources House from October 2008 till January 2014 as

MWR/Coordinator in Kuwait. He has deposed that he knew the

deceased Deepak Narvekar who was working for the same

establishment for the period between