^ IN THE HIGH COURT 0F SIKKIM MAC Appeal No.2 Of 2003 National Insurance Company Limited, Through its Branch Manager, Gangtok Branch, National Highway, Gangtok, East Sikkim. Versus Smt. Jitmaya Khael, W/O Late Laxmi Kharel Master Prayas Kharel, S/o Late Larmi Khael, Through his mother/natural gundian. Shri Dayaram Kharel, S/o Devi Prasad Kharel, R/o Kharel Building, Sichey Busty, Gangtok, East Sikkim. a ram: Appellant .... Respondents. Tin::^F,o_nt',!l.e¥:.I.usti.ceF}p±sudanI)ayal,CI.iofJustice. TI.e Hob'ble Mr. Justice N: Surjamani'Si;gih, j'uiri. Present : Mr. A. K. Upadhyaya, Advocate for the appellant. Mr. D. R. Thapa, Advocate for respondent Nos.1 & 2. None for respondent No.3 . Date Of Decision : 1trh March, 20o3. JUDGMENT Daval.C± Respondent Nos. 1 and 2 are the legal representatives of Laxmi Kharel who died in a motor accident. The learned member of the Motor Accident Claims Tribunal, East and North, Gangtok vide his impugned judgment dated 26.9.2002 has awarded compensation foratotalamountofRs.4,33,000/-afteradjustingRs.50,000/-whichhadearlierbeenpaid as interim compensation, with interest @ 9% per amum from the date of filing of the petition. The learned Cousel for the appellant has disputed the award only on the ground that the Learned Tribunal applied the multiplier of 20, whereas according to the second schedule, for the age of 33 years when the death occuned, the multiplier should have Y . CLfu` L-i;W\ / `. been 17. There is merit in the submission. Learned Counsel for respondent Nos.1 and 2 does not oppose the subndssion. 2. Accordingly, the claimant is entitled to receive Rs. 2000 x l2 x 17, which comes to Rs.4,08,000/-, The leaned Tribunal also awarded Rs.3000/- for funeral expenses. The totalcomestoRs.4,11,000/-.TheclaimangrespondentNos.1and2havealreadyreceived a sum of Rs.50,000/- as interim relief. Th€ balance which the appellant is lia6le to pay comes to Rs.3,6l,000/-. 3. In the result, the appeal is allowed in part. The impugned award of the learned Tribunal is modified to the extent that amount of liability of the appellant Insurance CompanyisreducedtoRs.3,61,000/-(Rupeesthreelakhsixtyonethousand)whichshall bepaidtorespondentNos.Iand2withinonemonthfromtoday.Theappellantshallalso beliabletopayinterest@9%onthesaidamountwitheffectfromthedateofthe filing of the petition before the Tribunal till the date of payment. The sun of Rs.25,000/- depositedbytheappellantinthisappealshallberefundedtotheappellant. The appeal thus stands disposed of. 10.3.2003 ani Singh ) ryA . cr2„'LrfurL4J / Q .r3 .>Q ¢3 ( Ripusudan Dayal ) Chief Justice 10.3.2003 o'/