SMT. SUNANDA WD/O BABA KHEDKAR Vs. DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED
LAWS(BOM)-2017-5-17
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on May 30,2017

Smt. Sunanda Wd/O Baba Khedkar Appellant
VERSUS
Divisional Manager, New India Assurance Company Limited Respondents

JUDGEMENT

- (1.) Nobody for the respondents even today. Matter was called out on 29-5-2017 and there was no appearance for the respondents.
(2.) Claimants in this appeal under Section 173 of the Motor Vehicle Act seek enhancement of compensation. Accidental death of husband Baba Khedkar in accident on 16-12-2001, number of dependents on him and the fact that he had reached 40 years of age is not in dispute.
(3.) Advocate Pathade submits that as per law laid down by Hon'ble Apex Court, deduction of one fourth amount only towards personal expenditure should have been done. Similarly, as deceased was 40 years, 50% amount of his earnings needed to be added towards loss of future prospects. She does not dispute use of 15 as multiplier, however, she claims amount of Rs. 1,00,000/- each on account of loss of love, affection and care to children and amount of Rs. 1,00,000/- for wife towards loss of consortium. She also claims funeral expenses at Rs. 25,000/-.;


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