IN THE HIGH COURT OF SIKKIM MAC Appeal No.3 of 2003 New India Assurance Company Limited, Through its Branch Manager, Gangtok Branch, Gangtok, East Sikkim. Versus 1. Smt. ShakilaBhujel, %/o°[L7athteMDfl¥g#£h:;eo[Lg, Distt.Darjeeling, West Bengal. 2. Miss Monika Bhujel, 3. Miss Manisha Bhujel, 4. BabyNeha Bhujel, R::ig:tnetrsso°ff]L7athteMP]:,gaBhujel, Kalimpong, Distt. Darieeling, West Bengal. through their mother/natural guardian, the respondent No.1. 5. Shri R. L. Sharma (Khatiwada) S/o Late Narad Khatiwada, R/o Biring Busty, p.o. Biring, P.S.Pakyong, East Sikkim. Coram .. The Hon'ble Mr. Justice Ripsudan Dayal, Chiof Justice. The Hon'ble Mr. Justice N. Surjamani Singh, Judge. Appellant. Respondents. Present : Mr. A. K. Upadhyaya, Advocate for the appellant. Mr. Basant Sharma, Advocate for respondent Nos.1 to 4. M. Rajendra Upreti, Advocate for respondent No.5. i . cny`r`rv'rr,'V / * I,_, a„ DD41eef De!£ision : lath March` 2003. JUDGMENT Daval. CJ. This appeal has been filed by the appellant Insurance Company to challenge the quantum of award made by the Motor Accident Claims Tribunal, East and North, Gangtok in MAC Appeal No.42 of 2001 awarding a total sum of Rs.4,30,000/- after adjusting the sum of Rs.50,000/- which had been earlier paid as interim relief in respect of the death of Dunga Bhujel who had died in a motor accident. The learned Tribunal applied the multiplier of 20. The leaned Courisel for the appellant submits that as per the second schedule, the multiplier should have been 16, the deceased having been aged 38 years at the time of the death. The learned Counsel for respondent Nos. 1 to 4 who are the legal heirs of Durga Bhujel, does not have any objection. There is no other point raf.sed by the learned Counsel for the appellant in this appeal. Therefore, the award deserves to be modified to the extent that the amount of compensation is to be arrived at by applying the multiplier of 16. Accordingly, the amount of compensation comes to Rs.3,84,000/-. Respondent Nos. 1 to 4 are also entitled to Rs.2000/- for funeral expenses. Thus the total comes to Rs.3,86,000/-. From this amount, the sum of Rs.50.000/-which has already been received as interim compensation is to be deducted. Thus, the appellant is liable to pay a sum of Rs.3,36,000/-. 2 In the resufty the appeal is allowed in part and the award passed by the learned Triulnal is modified to the extent that the appellant New India Assurance Company Ltd., shall pay only a sum of Rs.3,36,000/- to respondent Nos. 1 to 4 within one month from today. The appellant shall also be lial]le to pay interest @ 9% per annum on the said amount with effect from 5.10.2001 the date of filing the petition before the Tribunal till the date of the paymerit. The amount of Rs.25,000/- deposited by the appellant in this appeal be refunded to the appellant. 10.3.2003 ( N. Sufiamani Singh ) fv` ; oqxp ( Ripusudan Dayal ) Chief Justice 10.3.2003