abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1307 OF 1996 1. Smt. Smitha Satish Kabra 2. Master Shailesh Satish Kabra 3. Kumari Sheetal Satish Kabra 4. Shri Shankarlal Chunilal Kabra .. Appellants V/s 1. Shri K.M. Dal 2. The United India Insurance Co. Ltd. .. Respondents Mr.S.M. Oka for the appellants. None for the respondents. CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 17TH MARCH 2009 ORAL JUDGMENT ORAL JUDGMENT ORAL JUDGMENT : (Per B.H. Marlapalle, J.) 1. This appeal filed under section 173 of the Motor Vehicles Act, 1988 arises from the Award passed on 31st August 194 by the learned Member of the Motor Accident Claims Tribunal at Thane in M.A.C. No.388 of 1990. The - 2 - Tribunal was pleased to fix the joint and severe liability of respondents nos.1 and 2 to pay compensation of Rs.5,58,000/- with 12 per cent per annum interest thereon from the date of the petition till the date of realisation of the entire amount to the claimants. The claimants are not satisfied with the compensation awarded by the Tribunal and hence this appeal by them for enhancement.. 2. We have noted from the impugned Award that the claimants had filed income tax assessment orders at Exhibits 27 and 28 for the years 1989-90 and 1990-91. The deceased was a government contractor and he was filing income tax returns. For the year 1989-90, his taxable income was shown as Rs.35,000/- and for the year 1990-91 his taxable income was shown as Rs.49,000/-. The Tribunal considered and accepted the taxable income of Rs.49,000/- per annum of the deceased and 1/3rd deduction was granted and the compensation has been based on the dependency amount of Rs.33,000/- per annum. The deceased was of the age of 35 years when he met with the fatal accident and the Tribunal has applied the multiplier of 16. We do not find any error committed by the Tribunal in calculating the amount of dependency at Rs.33,000/- per annum and Exhibit 28 does not give any doubt to vitiate the impugned Award granting Rs.5,58,000/- by way of compensation. We are, - 3 - therefore, satisfied that the claim for enhancement of compensation is devoid of merits and, therefore, this appeal must fail. 3. The appeal is hereby dismissed. No order as to costs. (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)