1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : Bajaj Allianz General Insurance Co. Ltd. Vs. Smt. Ghisi Bai & Others (S.B. Civil Misc. Appeal No.1108/2010) DATE OF JUDGMENT : November 10, 2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS __________________________________________ Mr. R.K. Singhal for the appellant. Mr. Manish Pitaliya for the caveator-respondent(s). BY THE COURT : In the instant civil miscellaneous appeal filed under Section 173 of the Motor Vehicles Act, appellant insurance company is challenging the judgment/award dated 28.07.2010 passed bgy learned Judge, Motor Accident Claims Tribunal, Bhilwara in MAC Case No.113/2010 (47/2007), by which, claim of the claimants was allowed and sum of Rs.10,29,350/- along with interest @ 6% per annum from the date of filing claim petition till date of realization was awarded. According to facts of the case, one Shahabuddin 2 Kayamkhani who was working as Senior Operator in the BSNL met with an accident on 04.03.2007 while he was going for walk in the evening. Deceased Shahabuddin died on the spot when he was walking in between 7.30 – 8.00 P.M. along Gulabpura road when he was hit by vehicle (motor-cycle) No.RJ-06/SC/9294 because the driver of the vehicle was driving the same in rash and negligent manner. For the said incident, FIR No.46/07 was registered at Police Station Shahpura. The ten legal heirs of deceased Shahbuddin filed claim petition before the Motor Accident Claims Tribunal, Shahpura (Bhilwara) and claimed Rs.1,43,00,000/- towards compensation. Learned Tribunal after framing issues and recording statements of witnesses and taking into consideration the documents exhibited, awarded Rs.10,29, 350/- on the ground that the day on which the deceased died in the accident he was 56 years 8 months old, he left behind his wife, 7 sons and 2 daughters and his salary was Rs.2,20,225/- per year after deductions; and, while deducting one-third amount from his salary i.e., Rs.68,343/-, the Tribunal determined the dependency at Rs.1,36,687/- per year and, according to second schedule of the Motor Vehicles Act, applied multiplier of 8 and 3 assessed claim of Rs.10,09, 350/-. Further, for loss of love and affection, the Tribunal assessed amount of Rs.15,000/- as compensation and Rs.5,000/- for expenses of cremation. Learned counsel for the appellant, in his argument, does not dispute the fact that deceased Shahabuddin was employee of the BSNL department and, so also, does not dispute the salary of Rs.2,05,030/- per year. It is also admitted that the Tribunal deducted one-third amount from his salary to determine the monthly income. However, it is submitted that deceased was to be superannuated after attaining the age of 60 years, therefore, multiplier of 8 has wrongly been applied by the Tribunal because after retirement dependency of the claimants comes down, therefore, the judgment is erroneous. Learned counsel for the appellant argued that the finding of the learned Tribunal is erroneous, therefore, the judgment impugned may be set aside. I have perused the impugned judgment and award dated 28.07.2010 and considered the ground taken by the appellant's counsel. In my opinion, there is no substance in the grounds advanced by learned counsel for the appellant because 4 deceased Shahabuddin left behind ten dependents and learned Tribunal followed the provisions of Motor Vehicles Act and applied multiplier of 8 for assessing the income of the deceased, therefore, the Tribunal has rightly arrived at the finding that claimants are entitled for claim of Rs.10,29, 350/0. I see no reason to interfere in the judgment and award dated 28.07.2010. Hence, this miscellaneous appeal is hereby dismissed. (Gopal Krishan Vyas) J. Ojha, a.