ash 1 fa-118.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.118 OF 2009 Nowshadbi Ayub Shaikh & Others. .. Appellants. Vs Biru Jaywanta Kale & Others .. Respondents -- Shri Surel S. Shah for the Appellants. None for the Respondents. -- CORAM : A.S. OKA, J DATED : 28TH SEPTEMBER, 2011 P.C. . Heard learned counsel appearing for the Appellants. The real contesting parties are Respondent Nos.1 to 4. The Respondent Nos.3 and 4 are the same insurance companies. The Respondent No.3 has been served with the notice and the Respondent No.4 is represented by an Advocate. On 7th July, 2011, this Court directed that the Appeal shall be heard finally. The first and second Respondents are not necessary parties as their liability has not been disputed. They are the owners of the two offending trucks involved in the accident. There is no dispute that the said trucks were insured on the date of the accident with the Respondent Nos.3 and 4. None appears for the Respondent Nos.3 and 4. 2. The claim for compensation was made by the Appellant on ash 2 fa-118.09 account of death of one Ayub. The age of the deceased was 25 years. The Appellant No.1 is the widow of the deceased. The Appellant No.2 is minor child of the deceased. The Appellant No.3 is the mother of the deceased. The Appellant No.4 is the father of the deceased and the Appellant Nos.5 and 6 are the brothers of deceased. 3. As the Appellant could not prove the income of the deceased, notional income has been taken at Rs.18,000/- per year. After deducting 1/3rd amount on accoun on personal expenditure of the deceased, the multiplier of 18 has been applied. By adding usual amount of Rs.15,000/-, the compensation amount of Rs.2,31,000/- has been granted. 4. The submission of the learned counsel appearing for the Appellants is that in view of a decision of the Apex Court in the case of Sarla Verma (Smt.) and Others v. Delhi Transport Corporation and Another, [(2009)6 SCC 121], 1/5 deductions ought to have been made as the dependents of the deceased were six in number. Submission is that the compensation granted is on lower side. 5. Out of six Appellants, the father of the deceased cannot be said to be a dependent. However, the total number of dependents will exceed four and therefore, 1/4th deduction ought to have been made. ash 3 fa-118.09 The multiplier of 18 applied by the Tribunal is correct. If 1/4th deduction is made, the multiplicand will be Rs.13,500/-. By applying the multiplier of 18, the compensation will be Rs.2,43,000/-. A sum of Rs.15,000/- has been taken as the usual amount. Hence, the Appellants will be entitled to a total compensation of Rs.2,58,000/-. Thus, the appellants will be entitled to the enhancement of Rs.27,000/- and to that extent, the Appeal must succeed. 6. Hence, I pass the following order: ORDER : (i) The impugned Judgment and Award is modified only to the extent that the compensation amount of Rs. 2,58,000/- shall be paid jointly and severally by the Respondent Nos.1 to 4 to the Appellants with interest as awarded under the Impugned Judgment and Award. (ii) Rest of the Award is confirmed. (iii) Time of three months is granted to the Respondent Nos.3 and 4 to deposit the enhanced amount with the Tribunal. (iv) There will be no orders as to costs. ( A.S. OKA, J )