1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 827 OF 2007 1] Rajkumar s/o Sudhakar Limbute age 25 years, Occ. Service. 2] Vijaykumar s/o. Sudhakar Limbute Age 19, Occ. Education. 3] Ajaykumar s/o. Sudhakar Limbute Age 16 years, Occ. Educatoin, Minor U/G of Rajkumar s/o. Sudhakar Limbute, appellant No.1 All R/o Wadwal Nagnath, Tq. Chakur, Dist. Latur. .. Appellants/ori. Claimants. Versus Shaikh Akbar Shaikh Bashir and others. .. Respondent. --- Mr. S.S. Manale, Advocate for petitioner. 2 CORAM : K.U. CHANDIWAL J. DATE : 9th April, 2010 ORAL ORDER :- 1] Admit. R.& P. received. Perused. 2] The claimants have questioned the award of Rs.2,52,000/- to be inadequate and sought enhancement therein. 3] It is obvious, there is no controversy about the death of Bagirathibai in the accident which has taken place on 3/1/2003 near the agricultural school, Latur on Latur Nanded Road. There was collusion between the truck bearing Registration No. MH-20/6955 with the jeep bearing Registration NO. MH-24/F-1440. 4] The controversy centers to the learned Member, MACT, not considering the rational annual income of the deceased Bhagirathibai. It was on record, the deceased had a lucrative income as she used to perform by stitching works. However, evenif it is ignored, fact remains that the deceased could not be said to have earned annually Rs.1,8000/- which has been done by the learned Judge. Rational set up of annual income is settled in several pronouncements which oscillates to Rs.36,000/- to 48,000/-. However, taking even lower side, the annual income of the deceased should have been computed at Rs.36,000/- and deducting 1/3rd from it, for the personal expenses of Bhagirathibai, annual income should have been treated as Rs. 24,000/- the multiplier of 12 warrants no interference. 3 5] Considering this situation, the amount comes to Rs.2,88,000/- added to it, the funeral expenses and loss of life amount of Rs.7,000, total comes to Rs.2,95,000/-. This amount will definitely cover the medical bills of Rs.40,800/- allegedly paid by the claimant proved through Exhibits 47 to 105. Hence, order :- . The appeal is partly allowed. The claim is modified from an amount of Rs.2,55,000/- to Rs.2,95,000/- with interest @ 7.5 % p.a. Liability to pay rests on original opponent 1 to 6. Payment schedule and its distribution as indicated by the learned Member, MACT, Latur dated 18/1/2007, remain unaltered. Costs. [K.U. CHANDIWALJ.] Grt/-