1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 1. FA/1129/2005 With CA/11698/2005 In FA/1129/2005 With CA/8128/2008 In FA/1129/2005 (The New India Assurance Company Ltd. vs. Sau.Nalini Sudhakar Sonawane) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. A.S.Osmanpurkar, Adv., h/f Mr. K.V.Kulkarni, Adv., for the appellant. Mr. A.B.Kale, Adv., for respondent nos. 1 and 2. Appeal is dismissed against R.No.3. ... CORAM: K.U.CHANDIWAL, J. DATE:12-3-2010 P.C.:- 1. Heard learned Counsel for the appellant Insurance Company, Mr. A.B.Kale, Counsel, for respondent nos. 1 and 2. Appeal is dismissed against respondent no.3. 2. The award of Rs.4,35,000/- in MACP No.466/2001, is subject of criticism from the appellant Insurance Company on the ground, 2 the deceased, aged 22 years, unmarried, had left behind him his parents, 52 and 47 years old, the application of multiplier at 17 by the learned Judge is wrong. 3. The factual matrix in the matter about the accident, the policy of the vehicle to be in force and the age of the deceased is not in controversy. 4. Without further dissecting the matter, I find, in the set of legal position as indicated under Section 163-A of Motor Vehicles Act, the learned Judge certainly has added the multiplier at an excessive pedestal which should have been within the oscillation of 8 to 11. However, since the claimants lost their only son, I fix the multiplier at 11. The income of the deceased, as calculated by the learned Judge, does not require any interference, as it has been assessed in tune with the evidence on record. 5. The learned Judge has awarded 3 Rs.25,000/- on loss of estate,though it was argued by Mr.Usmanpurkar, to be at a higher level, however, one should not be oblivious to the fact that the claimants have lost their only son, at the age of 22 years, who was a prospect for them for future dreams which certainly are shattered. For this also no change. Hence order. ORDER (a) The appeal is allowed. The order granting Rs.4,35,000/- is modified to Rs.2,91,000/- (Rs.two lacs, ninety one thousand) with interest at the rate of 9 per cent per annum, to be paid by the original respondents ( including appellant herein). No costs. Respective Civil Applications disposed of. (b) The appellant Insurance Company, is at liberty to receive the residue after satisfaction of the award. (K.U.CHANDIWAL) JUDGE agp/1129-05fa