927-fa-1098-2008.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1098 OF 2008 1. Shri. Rajendra Virbha Mistri Age-34 Years, Occu. Carpenter 2. Ku. Poonam Rajendra Mistri Age-10 Years, Occu. - Nil 3. Ku. Manish Rajendra Mistri Age-8 Years, Occu. - Nil 4. Ku. Rupali Rajendra Mistri Age-7 Years, Occu. - Nil R/o- All the appellant are residing at Shelawe Kd., Taluka - Parola, Dist.- Jalgaon. Appellant No. 1 is the legal guardian of no. 2 to 4. ..Appellants Versus 1. Shri. Subhash Trambak Patil Age-46 Years, Occu. - 2. The Oriental Insurance Company Ltd. K. M. Bhavsar Complex, Near School No. 9, Galli No. 5, Dhule. The Oriental Insurance Company Ltd. 2nd Floor, Central Fule Market, Jalgaon.) 3. Shri. Sahebrao Santosh Patil Age - Major, Occu. → Driver R/o - Talv Galli, PArola, Dist. - Jalgaon. 4. Maharashtra State Road Transport Corporation, Jalgaon Division, Jalgaon. Summons be served on The Divisional Manager, Maharashtra State Road Transport Corporation, Jalgaon Division, Jalgaon. ..Respondents ... Advocate for Appellant : Mr. M.M. Bhokarikar Advocate for Respondent No.2 : Mr. A.A. Puranik a/w Mr. A.S. Deshpande Advocate for Respondent No.4 : Mr. A.B. Dhongade ... CORAM : S. G. CHAPALGAONKAR, J. DATED : JULY 10, 2026 2026:BHC-AUG:27981 927-fa-1098-2008.odt (2) ORAL JUDGMENT :- 1. The appellants/original claimants assails judgment and award dated 06.12.2007, passed by Motor Accident Claims Tribunal, Amalner in Motor Accident Claim Petition No.52 of 2005. 2. On 24.04.2005, Master Chetan, aged about 5 years was travelling along with his mother in S.T. bus bearing Registration No.MH-20-1802, which collided with truck bearing Registration No. MH-18-C-7546. Master Chetan suffered fatal injuries owing to accident. The claimants i.e. father and siblings of Late Chetan lodged Motor Accident Claim Petition No.52 of 2005 before Tribunal at Amalner under Section 166 of Motor Vehicles Act raising claim for compensation of Rs.2,00,000/-. The Tribunal awarded compensation of Rs.75,000/- including NFL. The award as passed by Tribunal is satisfied by respondents, but, present appeal is filed seeking enhancement of compensation. 3. Mr. Bhokarikar, learned advocate appearing for appellants relying upon observations of Hon'ble Supreme Court in case of Thangavel Vs. The Managing Director, Tamil Nadu State Transport Corporation Ltd., in Civil Appeal No.3595 of 2024 decided on 08.08.2025 and observations in case of Kishan Gopal Vs. Lala reported in AIR 2014 SC (supp) 173, submits that assessment of compensation by Tribunal is grossly inadequate and in light of 927-fa-1098-2008.odt (3) exposition of law in aforesaid judgments, it requires appropriate enhancement. 4. Per contra, learned advocates appearing for respondents justifies award. 5. Having considered submissions advanced by learned advocates appearing for respective parties and after going through record tendered into service, this Court finds that deceased Chetan was aged about 5 years. It is trite that uncertainty of life has to be taken into account in claim of child death. However, it is well settled that schedule under Section 163-A of Motor Vehicles Act can be taken as a guide for purpose of assessment of compensation, even in such case. In that view of matter, looking to fact that accident occurred in 2005, this Court finds it appropriate to consider notional income of deceased @ Rs.15,000 p.a., 1/3rd needs to be deducted from such income. Multiplier of 18 can be applied. 6. In result, compensation payable would be Rs.1,80,000/-. In addition to that, claimants are entitled for non-pecuniary loss which are quantified to Rs.25,000/-, which is appropriate for proximity of period of accident. 7. In result, appeal is partly allowed. The claimants are held entitled for compensation of Rs.2,05,000/- along with interest @ 6% p.a. The compensation paid or released as per award passed by Tribunal shall be appropriated. 927-fa-1098-2008.odt (4) 8. Rest of components of operative part of Tribunal's order shall remain same. (S.G. CHAPALGAONKAR, J.) Mujaheed//