941 FA NO. 3233 OF 2021.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 941 FIRST APPEAL NO. 3233 OF 2021 1. Shankar Fakira Gaikwad Age: 38 years, Occu: Agri & Labour 2. Kaveri Shankar Gaikwad, Age: 15 years, Occu: Nil 3. Payal Shankar Gaikwad, Age: 13 years, Occu: Nil 4. Pallavi Shankar Gaikwad, Age: 8 years, Occu: Nil 5. Sandesh Shankar Gaikwad, Age: 7 years, Occu: Nil (Applicant Nos.2 to 5 are minor through natural guardin father i.e., applicant No.1) 6. Fakira Genu Gaikwad, Age: 65 years, Occu: Nil 7. Latabai Fakira Gaikwad, Age: 60 years, Occu: housewife All R/o. Karjagaon, Taluka Newasa District-Ahmednagar, A/P Shendi, Tq.-Nagar, Dist. Ahmednagar ..Appellants (Ori. Claimants) VERSUS 1. Baban Govind Choure, Age: 40 years, Occu: transport R/o Shendi-Pokhardi, Tq. Nagar District. Ahmednagar-414001 (Owner of Dumper No.MH16AE2447) 1 of 7 2026:BHC-AUG:28798 (( 2 )) 941 FA NO. 3233 OF 2021 2. Narayan Mokindrao Murkute, Age: 39 years, Occu: Driver R/o House No.23A, Navjivan colony Ahmednagar-414111 (OR R/o Pisewadi PO: Pimpaldari, Taluka, Gangakhed, (Driver of Dumper) 3. The Manager, The New India Assurance Company Ltd. A/p Abbot Building, 2nd floor, near Ashoka Hotel, Kings Road, Ahmednagar-414001. (Insurer of Dumper No.MH16AE2447) ..Respondents (Ori. Opponents) ... Mr. Abhijit C. Darandale, Advocate for Appellant Mr. M. M. Ambhore, Advocate for Respondent No.3 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 02.07.2026 PER COURT :- 1. This appeal is preferred against the judgment and award dated 15.06.2020 passed by the Motor Accident Claims Tribunal, Ahmednagar in MACP No.309 of 2019. 2. Chhaya Shankar Gaikwad was the wife of claimant No.1, the mother of claimant Nos.2 to 5, and the daughter-in-law of claimant Nos.6 and 7. She died in a motor vehicular accident. The claimants, being her dependents, filed a claim petition seeking compensation under various heads. The learned Tribunal awarded 2 of 7 (( 3 )) 941 FA NO. 3233 OF 2021 compensation, however, it did not award any amount towards loss of future prospects and loss of consortium. Hence, the claimants preferred the present appeal. 3. Learned Advocate for the appellants-claimants pointed out the pleadings, the evidence, the grounds of objections raised in the appeal and the reasons and findings in the impugned judgment. He submitted that the learned Tribunal has not awarded compensation towards loss of future prospects and loss of consortium in accordance with the settled principles of law laid down by the Hon’ble Supreme Court in the case of Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and Others, (2018) 18 SCC 130. He, therefore, prayed to award the compensation under the said heads. 4. Learned Advocate for respondent No.3 strongly opposed the appeal and submitted that the compensation awarded by the learned Tribunal is just and reasonable and does not warrant any interference. He further submitted that the interest awarded by the learned Tribunal @8% per annum is excessive. He, therefore, prayed to reduce it to @7% per annum. He lastly prayed to dismiss the appeal. 3 of 7 (( 4 )) 941 FA NO. 3233 OF 2021 5. Upon perusal of the impugned judgment and award, the evidence on record, and the reasons recorded by the learned Tribunal, it is crystal clear that no compensation has been awarded to claimant Nos.1 to 5 under the head of loss of consortium. In view of the law laid down by the Hon'ble Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi, claimant Nos.1 to 5 are entitled to compensation of Rs.40,000/- each, i.e., total Rs.2,00,000/- towards loss of consortium. 6. As far as future prospects is concerned, the law is well settled that appropriate addition is required to be made while computing the loss of dependency. Considering the age of the deceased Chhaya and the facts of the present case, it would be just and proper to grant an addition of 40% towards loss of future prospects in terms of the principles laid down in Pranay Sethi (supra). 7. From the evidence on record, it is undisputed that the deceased Chhaya was earning Rs.15,000/- per month. The learned Tribunal has rightly deducted 1/5th of the income towards her personal and living expenses. After such deduction, the monthly contribution comes to Rs.12,000/-. The annual income, therefore, 4 of 7 (( 5 )) 941 FA NO. 3233 OF 2021 comes to Rs.1,44,000/-. By applying the multiplier of 16, the loss of dependency comes to Rs.23,04,000/-. If 40% is added towards loss of future prospects, the amount comes to Rs.9,21,600/-, for which the claimants are entitled in addition to the compensation already awarded. The claimant Nos.1 to 5 are also entitled to Rs.2,00,000/- towards loss of consortium. Thus, the claimants are entitled to total enhanced compensation of Rs.11,21,600/-. 8. As regards the rate of interest, learned Advocate for respondent No.3-Insurance Company submitted that the interest awarded by the learned Tribunal @ 8% per annum is excessive. He, therefore, prayed that the rate of interest be reduced to 7% per annum. Considering the peculiar facts and circumstances of the case and the prevailing rates of interest offered by nationalized banks, this Court is of the view that interest @ 7% per annum on the enhanced amount of compensation would be just and proper. To this extent also, the operative part of the impugned judgment and award deserves to be modified in exercise of the powers conferred upon this Court under Order XLI Rule 33 of the Code of Civil Procedure, 1908. The appeal deserves to be partly allowed. The impugned judgment and award deserves to be partly set aside. Hence, the following order: 5 of 7 (( 6 )) 941 FA NO. 3233 OF 2021 ::ORDER:: a. The first appeal is partly allowed. b. The impugned judgment and award is partly set aside and modified as under: c. The claimants are entitled to compensation of Rs.9,21,600/- towards loss of future prospects. The claimant Nos.1 to 5 are entitled to Rs.40,000/- each i.e., total Rs.2,00,000/- towards loss of consortium. Further, the claimants are also entitled to interest @ 7% per annum on the enhanced compensation from the date of the claim petition till realization of the entire amount. d. Clause (ii) of the operative part of the impugned judgment and award shall stand modified to the extent that the claimants shall be entitled to interest @ 7% per annum from the date of the claim petition till realization of the entire amount. e. It is clarified that the claimants are not entitled to the interest for the period of delay, if any, condoned by this Court. f. If court fee is not paid for enhanced amount of compensation, the claimants shall pay deficit court fee. 6 of 7 (( 7 )) 941 FA NO. 3233 OF 2021 On receiving the same, the enhanced amount of compensation be paid to them. g. Award be drawn up accordingly. h. The respondents are directed to deposit the enhanced amount of compensation with accrued interest thereon in this Court within three (03) months from today. i. Pending civil applications, if any, are disposed of. [ SANJAY A. DESHMUKH, J. ] HRJadhav 7 of 7