2020 NearLaw (BombayHC Nagpur) Online 798
Bombay High Court

JUSTICE M. G. GIRATKAR

The New India Assurance Company Ltd. Vs. Smt. Kavita Wd/o Chandrakant Chikhalkar

FIRST APPEAL NO. 78 OF 2017

13th February 2020

Petitioner Counsel: Shri M. B. Joshi
Respondent Counsel: Shri P. R. Agrawal Shri N. S. Deshpande

HeadNote : This appeal is against the judgment of Motor Accident Claims Tribunal, Akola.
As per the submission of learned Advocate Shri Joshi for the appellant, income tax and professional tax of Rs 200/- per month are not deducted from the gross salary of deceased and, therefore, impugned judgment needs to be quashed and set aside.
Learned Advocate Shri Agrawal for the respondent no 1 and Shri Deshpande for the respondent no 3 have submitted that even Rs 200/- is deducted from gross salary, then also, there will be no difference.
Learned Claims Tribunal granted compensation by not considering the peculiar damages as per the judgment of Apex Court in the cases of National Insurance Co.
Vs. Pranay Sethi and others [2017 ACJ 2700] and Magma General Insurance Co.
1 to 3 are permitted to withdraw amount of compensation deposited before the Motor Accident Claims Tribunal, Akola along with accrued interest, if any.

Cases Cited :
Para 4: National Insurance Co. Ltd. Vs. Pranay Sethi and others, [2017 ACJ 2700]
Para 4: Magma General Insurance Co. Ltd. Vs. Nanu Ram alias Chuhru Ram & ors., [2018(11)scale 247]

JUDGEMENT

This appeal is against the judgment of Motor Accident Claims Tribunal, Akola.

2. A short issue is involved in this appeal. As per the submission of learned Advocate Shri Joshi for the appellant, income tax and professional tax of Rs. 200/- per month are not deducted from the gross salary of deceased and, therefore, impugned judgment needs to be quashed and set aside.

3. Learned Advocate Shri Agrawal for the respondent no. 1 and Shri Deshpande for the respondent no. 3 have submitted that even Rs. 200/- is deducted from gross salary, then also, there will be no difference.

4. Learned Claims Tribunal granted compensation by not considering the peculiar damages as per the judgment of Apex Court in the cases of National Insurance Co. Ltd. Vs. Pranay Sethi and others [2017 ACJ 2700] and Magma General Insurance Co. Ltd. Vs. Nanu Ram alias Chuhru Ram & ors. [2018(11)scale 247]. If it is added then amount of compensation will be more. Hence, the appeal is without any merit and accordingly, it is dismissed with no order as to costs.

5. The claimants/respondent nos. 1 to 3 are permitted to withdraw amount of compensation deposited before the Motor Accident Claims Tribunal, Akola along with accrued interest, if any.