Consideration of agriculture income for motor accident compensation

Important Judgment dated 28.6.2023 of the High Court of Bombay

Motor Accident Compensation Claim – Consideration and grant of agriculture income of victim on account of loss of skilled supervision by the deceased for determination of compensation

Accidental death of Dashrashtra on 8.5.2001 in motor vehicle accident at village Khedula Tq. Pathri District Parbhani.

The appellants (spouse, children and parents of the deceased) filed claim petition for Rs.7 lakhs for the accidental death assessed at Rs.15,000 to Rs.16,000/- pm cumulative income from his kirana shop and agriculture land.

However, the Tribunal granted compensation of Rs.2,65,000/- without giving consideration to the agriculture income.

HELD that in small villages, the main source of income and livelihood is from agriculture apart from certain businesses are adopted for supplementary income.   Secondly, 7/12 extract shows that the deceased had more than 12 acres of land in his own name, apart from family holding.  It was, therefore, held that though there may not be total loss of agriculture income, loss for want of skilled supervision of the deceased cannot be ignored.   On that count, the loss was calculated at Rs.24,000/- per annum and the compensation was enhanced. 

First Appeal No.957 of 2004 – Gangubai w/o. Dashrath Varade and others Vs. Dayanand Dhondiram Sonar and another.