Bombay High Court

RAJENDRA VIRBHA MISTRI AND ORSversusSUBHASH TRAMBAK PATIL AND ORS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED
Bench: S G CHAPALGAONKAR

Holding

The appeal is partly allowed, and the claimants are entitled to a total compensation of Rs.2,05,000 with interest at 6% per annum.

Summary

The appellants, parents of the deceased five‑year‑old Master Chetan, appealed against the Motor Accident Claims Tribunal’s award of Rs.75,000 in a claim for compensation under Section 166 of the Motor Vehicles Act arising from a bus‑truck collision on 24‑04‑2005 that caused the child’s death. They argued that the award was grossly inadequate, relying on Supreme Court precedents to justify a higher quantum. The respondents contended that the Tribunal’s assessment was proper. The High Court examined the applicable schedule under Section 163‑A, applied a notional annual income of Rs.15,000 with a one‑third deduction and a multiplier of 18, arriving at a pecuniary loss of Rs.1,80,000, and added Rs.25,000 for non‑pecuniary loss. The Court allowed the appeal in part, enhancing the total compensation to Rs.2,05,000 with interest at 6% per annum, while leaving the remaining components of the Tribunal’s order unchanged.

Issues considered

Whether the compensation awarded by the Motor Accident Claims Tribunal for the death of a child is adequate under the Motor Vehicles Act.
How to calculate pecuniary loss for a minor deceased under Section 163‑A of the Motor Vehicles Act.
Whether additional non‑pecuniary loss should be awarded and its appropriate quantum.
Whether interest should be awarded on the enhanced compensation.

Legislation cited

Motor Vehicles Act — s. 163-A, 166

Subjects

Motor accident
Compensation
Death of child
Section 166
Section 163-A
Non‑pecuniary loss
Interest
Motor Accident Claims Tribunal

Judgment

2026:BHC-AUG:27981
927-fa-1098-2008.odt
(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 1098 OF 2008

1. Shri. Rajendra Virbha Mistri
Age-34 Years, Occu. Carpenter

2. Ku. Poonam Rajendra Mistri
Age-10 Years, Occu. - Nil

3. Ku. Manish Rajendra Mistri
Age-8 Years, Occu. - Nil

4. Ku. Rupali Rajendra Mistri
Age-7 Years, Occu. - Nil

R/o- All the appellant are residing at
Shelawe Kd., Taluka - Parola, Dist.- Jalgaon.
Appellant No. 1 is the legal guardian of no. 2 to 4. ..Appellants

Versus

1. Shri. Subhash Trambak Patil
Age-46 Years, Occu. -

2. The Oriental Insurance Company Ltd.
K. M. Bhavsar Complex, Near School No. 9,
Galli No. 5, Dhule.
The Oriental Insurance Company Ltd.
2nd Floor, Central Fule Market, Jalgaon.)

3. Shri. Sahebrao Santosh Patil
Age - Major, Occu. → Driver
R/o - Talv Galli, PArola, Dist. - Jalgaon.
4. Maharashtra State Road Transport Corporation,
Jalgaon Division, Jalgaon.
Summons be served on The Divisional Manager,
Maharashtra State Road Transport Corporation,
Jalgaon Division, Jalgaon. ..Respondents
...
Advocate for Appellant : Mr. M.M. Bhokarikar
Advocate for Respondent No.2 : Mr. A.A. Puranik a/w Mr. A.S.
Deshpande
Advocate for Respondent No.4 : Mr. A.B. Dhongade
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JULY 10, 2026
927-fa-1098-2008.odt
(2)

ORAL JUDGMENT :-

1. The appellants/original claimants assails judgment and

award dated 06.12.2007, passed by Motor Accident Claims Tribunal,

Amalner in Motor Accident Claim Petition No.52 of 2005.

2. On 24.04.2005, Master Chetan, aged about 5 years was

travelling along with his mother in S.T. bus bearing Registration

No.MH-20-1802, which collided with truck bearing Registration No.

MH-18-C-7546. Master Chetan suffered fatal injuries owing to

accident. The claimants i.e. father and siblings of Late Chetan lodged

Motor Accident Claim Petition No.52 of 2005 before Tribunal at

Amalner under Section 166 of Motor Vehicles Act raising claim for

compensation of Rs.2,00,000/-. The Tribunal awarded compensation

of Rs.75,000/- including NFL. The award as passed by Tribunal is

satisfied by respondents, but, present appeal is filed seeking

enhancement of compensation.

3. Mr. Bhokarikar, learned advocate appearing for

appellants relying upon observations of Hon'ble Supreme Court in

case of Thangavel Vs. The Managing Director, Tamil Nadu State

Transport Corporation Ltd., in Civil Appeal No.3595 of 2024 decided

on 08.08.2025 and observations in case of Kishan Gopal Vs. Lala

reported in AIR 2014 SC (supp) 173, submits that assessment of

compensation by Tribunal is grossly inadequate and in light of
927-fa-1098-2008.odt
(3)

exposition of law in aforesaid judgments, it requires appropriate

enhancement.

4. Per contra, learned advocates appearing for respondents

justifies award.

5. Having considered submissions advanced by learned

advocates appearing for respective parties and after going through

record tendered into service, this Court finds that deceased Chetan

was aged about 5 years. It is trite that uncertainty of life has to be

taken into account in claim of child death. However, it is well settled

that schedule under Section 163-A of Motor Vehicles Act can be taken

as a guide for purpose of assessment of compensation, even in such

case. In that view of matter, looking to fact that accident occurred in

2005, this Court finds it appropriate to consider notional income of

deceased @ Rs.15,000 p.a., 1/3rd needs to be deducted from such

income. Multiplier of 18 can be applied.

6. In result, compensation payable would be Rs.1,80,000/-.

In addition to that, claimants are entitled for non-pecuniary loss

which are quantified to Rs.25,000/-, which is appropriate for

proximity of period of accident.

7. In result, appeal is partly allowed. The claimants are held

entitled for compensation of Rs.2,05,000/- along with interest @ 6%

p.a. The compensation paid or released as per award passed by

Tribunal shall be appropriated.
927-fa-1098-2008.odt
(4)

8. Rest of components of operative part of Tribunal's order

shall remain same.

(S.G. CHAPALGAONKAR, J.)

Mujaheed//

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