FA/99820/2003 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 998 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== NAYNABEN RAMANBHAI PATEL & OTHERS Versus BHANABHAI MAGANBHAI RATHOD & OTHERS ====================================== Appearance : MR ZUBIN F BHARDA for the Appellants RULE SERVED for Defendant(s) : 1 - 2. MR HASMUKH THAKKER for Defendant(s) : 3, ====================================== CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT FA/99820/2003 2/2 JUDGMENT Date : 08/08/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard the learned counsel for the appellant and the respondent. The deceased was of the age of 38 years at the relevant time. He was serving as a teacher in Taluka Panchayat where he was drawing salary of Rs.2455/-. The Tribunal considering the future prospects at Rs.4000 per month and after deducting 1/3 amount as personal expenses, the dependency has been computed to be Rs.2,666. Thereafter, multiplier of 16 has been used. There is no appeal to oppose this 16 multiplier. Whatever enhancement that could be made in the present appeal is taken care of by the multiplier of 16, which is, in the present day of circumstances, is not used to a deceased who died at the age of 38 years. Hence, in that view of the matter, any enhancement is not considered appropriate. Appeal fails and the same is rejected. Office is directed to send the record and proceedings to the concerned trial court forthwith. (Bhagwati Prasad, J.) (S.R.Brahmbhatt, J.) *mohd