MANGAL SANJAY DHADGE AND ORSversusSACHIN VITTHAL SADAVARTE AND ORS

2026:BHC-AUG:38657


                                                      1                         912-ca-6842-2017.odt


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                     BENCH AT AURANGABAD
                                  CIVIL APPLICATION NO. 6842 OF 2017
                                          IN FAST/35304/2016

                                    Mangal Sanjay Dhadge And Ors
                                               VERSUS
                                   Sachin Vitthal Sadavarte And Ors
                                                   ...
                         Advocate for Applicants : Mr. Jayabhar Dattatraya R.
                          Advocate for Respondent No.2 : Mr. M.M. Ambhore
                      Advocate for Respondent No.4 : Mr. V.S. Kulkarni h/f Mr. A.S.
                                             Usmanpurkar
                                                   ...
                                               CORAM : ROHIT W. JOSHI, J.
                                               DATED      : AUGUST 21, 2026
              P.C.:

              In Civil Application :

              1.          The original claimants/appellants in Motor Accident Claim

              Petition No.740 of 2011 have filed present application seeking

              condonation of delay of 60 days in filing first appeal under Section 173

              of Motor Vehicles Act, 1988.

              2.          The appellants are seeking enhancement of compensation

              awarded by the Tribunal. The delay of 60 days is attributed to lack of

              funds for approaching this Court.

              3.          For the reasons mentioned in the application, the application

              for delay is allowed. First Appeal be registered in accordance with law.

              In First Appeal :

              1.            Heard finally with consent of respective parties.
                                      2                        912-ca-6842-2017.odt


2.           Learned advocates representing both insurance company

are present in the Court. The owners of respective vehicles have not

entered appearance.     However, perusal of the judgment and award

passed by the Tribunal will demonstrate that insurance company of

both vehicles are also held liable. In that view of the matter, the appeal

can be taken up for hearing even in the absence of owners of offending

vehicles.

3.           The only point that arises for consideration in the appeal is

as to what should be the amount of compensation payable to the

appellants/original petitioners. The owners or insurance company have

not filed any appeal challenging the award. The only contention raised

in the appeal is that while computing compensation payable under the

head of loss of income, future prospects have not been taken into

consideration.   It is not in dispute that the deceased was a self-

employed person and he was 38 years of age at the time of his demise

on account of motor accident. Perusal of the judgment will also indicate

that the compensation is computed without taking into consideration

loss of future prospects.

4.           In light of judgment of the Hon’ble Supreme Court in case

of National Insurance Co. Ltd vs Pranay Sethi, 2017 (16) SCC 680 , the

appellants/claimants will be entitled to 40% enhancement towards

future prospects. The compensation payable under the monetary head
                                         3                   912-ca-6842-2017.odt


is Rs.6,75,000/-, which is not disputed by respondents. Therefore,

further enhancement of Rs.2,70,000/- is granted against monetary

heads.

5.           However, it appears that while dealing with the judgment,

learned Tribunal has awarded compensation of Rs.1,00,000/- to

appellant no.1/wife towards loss of consortium, which should be

Rs.40,000/-. Likewise, amount of Rs.2,50,000/- (Rs.50,000/- each is

awarded to appellant nos.2 to 6) towards loss of love and affection. In

fact, appellant nos.2 to 6 are only entitled to sum of Rs.40,000/- each

towards loss of consortium. Therefore, this amount of Rs.3,50,000/-

awarded towards loss of consortium and loss of love and affection is

required to be reduced to Rs.2,40,000/-. Apart from this, amount of

Rs.25,000/- is awarded towards funeral expenses and Rs.25,000/- is

awarded towards loss of estate. This amount is also required to be

reduced to Rs.15,000/- each. The total amount of compensation is

arrived at Rs.12,15,000/- (Rs.9,45,000 + Rs.2,40,000 + Rs.30,000).

As against the amount of compensation of Rs.10,75,000/- awarded by

learned Member Motor Accident Claims Tribunal, Ahmednagar, appeal

is partly allowed in following terms :

                                  ORDER

(I)    First Appeal is partly allowed.

(II)   The appellant nos.1 to 5 are entitled to get Rs.12,15,000/-
                                                     4                        912-ca-6842-2017.odt


             (Rupees twelve lakh and fifteen thousand only) inclusive of the amount

             (Rupees 50,000/-) of 'no fault liability’.

             (III) The Opponent nos.1 and 2 do pay jointly and severally

             Rs.12,15,000/- (Rupees twelve lakh and fifteen thousand only) to the

             appellant nos.1 to 5, inclusive of amount of 'no fault liability', with

             interest at the rate of 9% per annum from the date of filing of the

             petition till the date of depositing of the said amount, in the Tribunal.

             (IV) The parties shall bear their own costs.




                                                           [ROHIT W. JOSHI J.]




Mujaheed//