DEVAMMA AND ORS. Vs. BHARAT AND ORS.

JUDGEMENT

(1.) These two appeals are filed by the claimants and insurance company on the score that income criteria and other heads arrived at by the MACT is not in order with reference to documents placed on record.

(2.) On 09.07.2012, the deceased Siddappa was proceeding towards Ahmednagar on his motorcycle bearing registration No.MH 16 AP 4169, on Ahmednagar road near Nagpur bridge at Ahmednagar, at about 11.30 a.m., a truck bearing registration No.MH 16/B 2170 which was approaching behind the motorcycle hit the motorcycle, resulted in severe injuries on the deceased and he died on the spot. Whereby a case was registered in crime No.100/2012. Arising out of the aforesaid accident, Legal heirs of the deceased filed claim petition before the MACT. On 15.03.2013 the MACT passed award in MVC No.1485/2012 by awarding compensation of Rs.44,95,000/-

(3.) The claimants filed appeal on quantum that the MACT has committed error in not calculating the income appropriately with reference to Ex.P.11, insofar as deduction of income tax at Rs.2,340/- and Rs.200/- towards professional tax, whereas the MACT has deducted Rs.5,610/- with reference to net income of deceased of Rs.50,610/- for the month of June 2012. Thus, there is an error in calculating the income. It was further contended that claimants are entitled for future prospects with reference to the age of the deceased as 52 years and entitled for 10% in view of the principle laid down in National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680. It was further contended that towards loss of love and affection meager amount of Rs.10,000/- has been granted, since two minor children of the deceased, they are entitled to a total amount of Rs.1,00,000/- in terms of decision of the Hon'ble Supreme Court of India in the case of Magma General Insurance Company Ltd. vs. Nanu Ram Alias Chuhru Ram & Others reported in 2018 ACJ 2782.