1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.3601 OF 2008 (Rehanabegum Hakim Shaikh and others vs. Aleem Isak Kabade and others --------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.B.Deshmukh, Adv., for the appellant. ... CORAM : K.U. CHANDIWAL, J. DATED : 11th JUNE, 2009 ... P.C.:- 1. Heard Counsel for the appellant. For the purposes of the order to be passed, record need not be called and hearing to the respondent is dispensed. 2. In an unfortunate accident, the deceased, aged 44 years, having date of birth as 15.4.1969, succumbed. The school leaving certificate was produced at Exh.30. The deceased was having a gross salary of Rs.7258/- per month, as per 2 certificate Exh.38. However, his net salary was Rs.1457/- per month. In fact, in the certificate, there was the gross salary of the total month which indiated that it was Rs.6298/- and there were certain deductions amounting to Rs.1715/-. It was indicated and established by one of the witness, PW 3,Ramlal that after death of deceased Hakim, the pay scale of the employee was increased and it was made applicable by order dt.2.6.2005 w.e.f. April, 2003. Consequently, there was revised income and gross salary in the income as indicated above which was enhanced to Rs.7258/-. 3. Considering the evidence adduced and the law applicable at the material time, the learned Judge has taken into consideration the personal expenses required to be incurred and the monthly loss to the claimants, including longitivity and has assessed the income at Rs. 4500/- per month to be earning of the deceased for the purpose of awarding compensation. The learned Judge has, considering the date of birth of the deceased to be 16.4.1969, since he was ranging between 34 to 35, has applied multiplier of 16, which, in the situation, cannot be said to be not flowing in tune with the provisions of Section 163-A of Motor Vehicles Act. The deductions, which the 3 learned Judge has carved out, in paragraph no. 18 of the order, are in tune with the legal situation and the funeral expenses and the consortium, which he has calculated, also needs consideration. The final figure of Rs. 6,00,000/- (Rs.six lacs) awarded by the learned Judge with interest at the rate of 7.5 per cent per annum from 12th Jan.,2004, till realisation, does not require further interference by way of an enhancement. 4. First Appeal sans merit. It is dismissed. No costs. (K.U. CHANDIWAL), JUDGE agp/fa3601-08