1 fa1006 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1006 OF 2010 New India Assurance Co. Ltd. ...Appellant vs. Abdul Rehaman Isak Tambu & Ors. ...Respondents Mr.Indrajeet Kulkarni for the appellant None for the respondent CORAM : A.S.OKA,J. DATE : JULY 13, 2011 P.C.: 1 Heard the learned counsel for the appellant. The appellant is the insurer of the truck involved in the accident. The challenge is to the Award made on a claim petition under section 166 of the Motor Vehicles Act,1988 filed by the legal representatives of the deceased Ashik who died in a motor accident. The Tribunal has found that the liability of the truck driver to the extent of 75%. In companion Motor Accident Claim Application no. 542 of 1997 arising out of the same accident the liability of driver of the truck which was insured with the appellant has been fixed at 75% and admittedly the said finding has not been challenged. There is no appeal preferred against the Award passed in the claim petition. 2 The other submission of the learned counsel for the applicant is that there is no proof that the deceased was drawing a salary of Rs.12,000/- per month. He submitted that the multiplier applied is excessive. 3 I have considered the submissions. Evidence on record shows that the deceased was employed in Saudi Arabia. His passport containing necessary endorsements 2 fa1006 was produced on record. Bank statement which was admitted in evidence also supported the case that the deceased was was getting salary of Rs.12,000/- per month. 4 The deceased was survived by widow and three minor children. Therefore, deduction of 1/4 on account of personal expenditure of the deceased was required to be made. However, deduction of 1/3rd has been made. Therefore, compensation fixed is reasonable and no fault can be found with the amount of compensation. Appeal is accordingly dismissed with no order as to costs. 5 A sum of Rs.25,000/- deposited in this Court with interest, if any, accrued thereon, shall be refunded to the appellant. 6 Civil application no.3627 of 2008 does not survive and the same is disposed. JUDGE