IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.315 of 2006 DIVISIONAL MANAGER Versus LALITA DEVI & ORS ----------- 3. 08.08.08. This order under challenge is judgment dated 7th June, 2006 and award signed on 14. 6. 06 by the Presiding Officer of the 5th Addl. Motor Accident Claim Tribunal, Muzaffarpur in Motor Vehicle Claim Case No. 252/2005, whereby and whereunder learned court below on deduction and calculation and applying multiplier system as per schedule 2, arrived at a conclusion that Insurance Company was liable to pay Rs. 4,08,000/-, out of which Rs. 50,000/- has already been paid to the claimant which was to be deducted and so The Oriental Insurance Company Ltd. was directed to pay Rs. 3,58,000/- with 9% per annum interest to be calculated from the date of filing of the case, besides funeral expense Rs. 2,000/-. Learned counsel for the appellant-The Oriental Insurance Company Ltd. has simply challenged the application of multiplier system applied by the learned Presiding Officer of the Tribunal. It has been submitted that the court below has considered the age of the deceased as 35 years on the basis of evidence of the Doctor. The Doctor has had no occasion to see the deceased rather it was for the first time when he performed autopsy on the deceased and assessed the age of the deceased as 45 years and the same Doctor without any basis of examination of the person of the deceased has stated in the court below that age of the same deceased as 35 years. Besides there is no paper being produced on behalf of the - 2 - claimant in the court below so as to ascertain the age of the deceased. In the facts and circumstances, emphasis has been given to consider the age of the deceased as 45 years as assessed by the Doctor while performing Post Mortem examination and taking 45 years of the age, multiplier system would be 15. The income of the deceased has not been challenged which has been assessed at Rs. 3,000/- per month i.e. Rs. 36,000/- per annum. One third amount is to be deducted as per personal expenses of the deceased which comes to Rs. 24,000/- per annum . Then it comes to Rs3,60,000/-. From perusal of the record it appears that interim compensation of Rs. 50,000/- has already been paid to the applicants which should also be deducted from it. Then it comes to Rs. 3,10,000/- besides Rs. 2,000/- for funeral expense. Thus total amount comes to Rs. 3,12,000/-. In such situation the Insurance Company is liable to pay Rs. 3,12,000/- with 9% interest from the date of filing of the appeal. In the facts and circumstance, the appeal is dismissed under aforesaid modification. The Insurance Company is directed to pay the amount within three months from the date of communication of this order. M. Pal. ( Subash Chanra Jha, J.)