IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.641 of 2006 M/S NATIONAL INSURANCE COMPANY LTD. Versus NAZRA KHATOON & ORS ----------- 8 7/11/2008 Heard counsel for the petitioner. For the reasons mentioned in I.A. No. 736 of 2006, the delay in filing of this Civil Revision application is condoned on the merits of the case in the opinion of this Court, challenge of the Insurance Company to the quantum of the amount of compensation, does not seem to have any substance, in as much as, it is the consistent evidence in the deposition of all the witnesses that the deceased was a driver of heavy motor vehicle (Truck) and was receiving monthly salary in the range of Rs.4,000/- to Rs. 4,500/-. The submission of counsel for the petitioner- Insurance Company, that as the owner of the vehicle was not examined, no reliance could be placed on the income/salary of the deceased has to be only noticed for its being rejected. His colleague and co- worker who was also accompanying the deceased on the fateful day of the accident has come out to say that income 2 of the deceased, driver was Rs.4,000/- per month. Therefore, even if the family members had stated his income at Rs. 4,500/-, the court below has not proceeded to fix an amount of compensation by treating his income at Rs. 4,500/- per month, rather same has been fixed only for total sum of Rs. 3,88,500/- by treating the same to be the income below Rs. 4,000/- per month. There is also no dispute that the multiplier of sixteen will be applicable in such case and it is only on that basis that the court below has proceeded to decide the crucial issue of the quantum of compensation for the death of the deceased in an accident. Thus the same cannot be interfered by this Court within the limited parameters of revisional jurisdiction. That being so, this Court does not find any merit in this application which must be dismissed. It is to be noted that by an interim order dated 20.7.2007 of this Court, the petitioner-Insurance Company was directed to deposit a sum of Rs. 2.5 lac. Now when this civil revision 3 application is being dismissed the Insurance Company is also directed to pay the entire balance amount within a period of one month from the date of receipt/production of a copy of this order along with interest as fixed by the court below in the impugned order failing which the petitioner-Insurance Company will be liable to pay interest @ 9% per annum from the date of order of the Court below and till its actual payment. With the aforementioned directions this application is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar