1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1857 OF 2009 WITH CIVIL APPLICATION NO.4204 OF 2009 The New India Assurance Co. Ltd. ..Appellant. Vs. Gauri Deepak Patel and ors. ..Respondents. Mrs. Bhakti Barve i/by Mrs. Arati Barve, Advocate for the Appellant. Mr.M.B.Kotak,Advocate for the Respondent Nos. 1 to 4. CORAM : B.H.MARLAPALLE & A.A. SAYED, JJ. DATE : 31st August, 2010 P.C. 1 Heard Mrs. Bhakti Barve, the learned counsel for the appellant-Insurance Company. Mr. Kotak, appears for the original claimants. 2 This appeal filed under Section 173 of the Motor Vehicles Act,1988 arises from the award passed by the learned Member of the Motor Accident Tribunal at Mumbai on 9.1.2009 in Claim Application No.2374 of 2001. By the said award, the Tribunal 2 FA-1857/2009 has granted compensation of Rs.15,38,328/- (inclusive of no fault liability) with interest at 7% per annum on the said amount. The award amount has already been deposited which is not in dispute. 3 The challenge to the award is only on the point of calculations of income. The date of incident is 24.2.2001 and the deceased was born on 30.3.1967. The Income tax returns at Exhibits 23 to 26 and 28 were brought on record and they were mostly for the years from 2000-2001 onwards. From the said returns, it was noted that the deceased was an income tax payer and was running a private Security Agency. However, the Tribunal did not take into consideration the returns filed for the years 2000-2001 onwards and it considered the statement of total income for the year ending on 31.3.2000. The average yearly income was calculated at Rs.1,40,000/- and 1/3rd deduction was provided so as to fix the yearly loss of dependency suffered by the applicants at Rs.93,999/- and the multiplier was fixed at 16. Thus, the total dependency came to Rs.14,93,328/-. 4 The claimant No.1 is the wife of the deceased and claimant Nos. 2 and 3 were the minor children. The Tribunal, 3 FA-1857/2009 therefore, awarded Rs.10,000/- to the claimant No.1 under the head of consortium and Rs.15,000/- for the loss of love and affection for the children. Further, an additional amount of Rs. 10,000/- was awarded for funeral expenses and Rs.10,000/- towards the loss of estate. The total compensation was calculated at Rs.15,35,38,328/-. 5 We do not find any error committed by the Tribunal in fixing the annual income at Rs.1,40,000/- or while fixing the multiplier at 16/-. The Tribunal has awarded interest payable at 7% per annum which is also reasonable. Hence, challenge to the award in calculating the compensation amount payable fails on all counts and therefore, this appeal must fail at the threshold. Appeal is dismissed. CIVIL APPLICATION NO.4204 OF 2009 In view of the above order, Civil Application No.4204 of 2009 does not survive and the same stands disposed off. (A.A.SAYED, J.) (B.H.MARLAPALLE, J.)