1 fa 416.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 416 OF 2011 The New India Assurance Co. Ltd. Through Divisional Officer, Adalat Road, Aurangabad. .. Appellant Versus 1. Dada Bhikaji Kharat, Age : 60 Years, Occu. : Agril., 2. Anil Dada Kharat, Age : 32 Years, Occu. : Nil, 3. Sunil Dada Kharat, Age : 29 Years, Occu. : Nil. All R/o At Chandekasare, Tq. Kopargaon, Dist. Ahmednagar. 4. Mrs. Darshana Bhavin Modi, Age : Years, Occu. : Business, R/o E/1, 28/8-9, Sector 10, Phase I, Nerul, Navi Mumbai, Dist. Thane .. Respondents Shri Mukul S. Kulkarni, Advocate for the Appellant. Shri Amol Gandhi, Advocate for Respondent Nos. 1 to 3. 2 fa 416.11 CORAM : S. V. GANGAPURWALA, J. DATE : 03RD MAY, 2011. ORAL JUDGMENT : . The notices of final disposal were issued to the respondents. Shri Amol Gandhi, the learned counsel appears for respondent Nos. 1 to 3. 2. Taken up for final hearing with consent of parties. 3. The dispute is in narrow compass. Shri Kulkarni, the learned counsel for the appellant states that, while determining the quantum of compensation the Tribunal has considered the notional income of the deceased of Rs. 3,000/- per month, but has failed to deduct 1/3 amount towards personal use. The multiplier taken is 14 and the same is also on the higher side. According to the learned counsel the deceased was aged about 45 years and the said multiplier could not have been applied. Shri Kulkarni, the learned counsel further submits that the expenses towards the medical treatment have not been proved and further the compensation amount of love and affection is awarded at the rate of Rs. 25,000/- to each claimant which is also erroneous and not in consonance with the judicial norms. 3 fa 416.11 4. Shri Amol Gandhi, the learned counsel for respondent Nos. 1 to 3 submits that it is not in all cases that 1/3 amount is to be deducted for personal use. The deceased was the mother of claimant Nos. 2 and 3 and wife of claimant No. 1. The deceased was hardly spending any amount towards her own expenses. Further, there is no straight-jacket formula of awarding compensation towards loss of love and affection. The Tribunal has exercised its discretion and has awarded reasonable compensation relying on the dictum of the Apex Court. 5. With the assistant of the learned counsel I have gone through the judgment and the paper book made available to me by the learned counsel. 6. The approach of the Tribunal in taking into consideration the notional income cannot be faulted with. But at the same time, the Tribunal has failed to deduct 1/3 amount towards the personal expenses which is sine qua non in such cases. It cannot be presumed that the deceased would not be spending towards her own expenses. In the light of that I feel it appropriate to deduct 1/3 amount towards the personal expenses. As such, the income of the deceased after deducting 1/3 amount towards personal expenses would come to Rs. 24,000/- per annum. The 4 fa 416.11 multiplier applied by the Tribunal appears to be proper. As such, the total loss of income would be to the tune of Rs. 3,36,000/-. The expenses for medical treatment is supported by the documents and the evidence on record. As such, Rs. 1,04,000/- awarded in that regard appears to be just and reasonable. The Tribunal has awarded separate amount towards loss of estate, funeral expenses and on account of love and affection. The love and affection cannot be computed in terms of money. As such, a nominal amount is awarded as compensation. As such, the claimants would be entitled to Rs. 25,000/- in toto towards the loss of love and affection. 7. In the light of above, the respondent Nos. 1 to 3/original claimants would be entitled to compensation as under : i) The compensation on account of multiplier method Rs. 3,36,000/-. ii) The expenses for the medical treatment Rs. 1,04,000/-. iii) Compensation on account of consortium Rs. 50,000/-. iv) Compensation on account of love and affection Rs. 25,000/-. v) Compensation on account of loss of estate Rs. 15,000/-. vi) Funeral expenses Rs. 5,000/-. As such, the respondent Nos. 1 to 3/original claimants are 5 fa 416.11 entitled for total compensation of Rs. 5,35,000/-. 8. In view of above the appeal is partly allowed. The award passed by the Tribunal is modified and it is held that the claimants are entitled for total compensation of Rs. 5,35,000/- with interest thereon at the rate of Rs. 7.5% per annum from the date of filing of petition till realization. The appellant and the respondent No. 4 are jointly and severally liable to pay the said amount of Rs. 5,35,000/- with interest at the rate of Rs. 7.5% per annum from the date of petition till realization to the claimants. The first appeal is disposed of. 9. The total amount under the award has been deposited by the appellant. The claimants/present respondent Nos. 1 to 3 shall be entitled for an amount of Rs. 5,35,000/- with interest at the rate of Rs. 7.5% from the date of petition till the deposit of amount. The claimants would be entitled to withdraw the said amount. The rest of the amount is allowed to be withdrawn by the appellant. [ S. V. GANGAPURWALA, J. ] bsb/Mayl 11