1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.605/2006 WITH C.A. NO. 6417/2006 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. P.B. Patil, Advocate for appellants. Mr. A.B. Gatne, Advocate for respondent no. 2. [CORAM : K.U. CHANDIWAL, J. ] Date : 31st March, 2010. PER COURT : 1 Heard Mr. Patil. He has tendered a receipt dated 25/02/2010 showing publication of court notice in daily Lokmat dated 25/02/2010. Such news paper is already tendered in the office. Respondent no.1 called, absent. Deletion of respondent no.1 by virtue of order dated 03/02/2010 in C.A. No. 10513/2010 having been set aside and then stated as above, proclamation was 2 issued. Necessary correction was effected in the appeal memo. 2 The claimants feel that the award for Rs.1,74,500/- inclusive of Rs. 50,000/- with interest at 6% by order dated 13/01/2006 is inadequate. 2 I have gone through the reasoning assigned by learned judge in para 8, 9 and 10 of the order. The deceased was unmarried 23 years old, left behind him the bravered parents then aged 45 and 40 years. The learned judge has applied multiplier of 17. Though, I find the multiplier to be at higher pedestal however, in fact situation as the only earning member in the family has lost at the crucial time of progress to the family and living behind marriageable sister Ku. Shubhangi, I do not wish to disturb the multiplier. 3 Now, comes to notional income, which the learned judge has treated as Rs.15,000/- annually. The learned judge did not believe the owner of the 3 Lottery center where the deceased was working. This was particularly as the owner did not prove any document in the form of income tax return or accounts, though it was a required exercise from the claimants. However, the fact remains, as accident has taken place on 05/08/1999 the range of earning capacity in 1999 of youth at the age of 23 - 25 years needs rationally to be evaluated annually at Rs.18,000/- and giving benefit of deduction of 1/3rd, notional income should have computed at Rs.12,000/-. Added to it is, the funeral expenses and general damages of Rs.4,500/-. Ultimately, the claimants are entitled to an amount of Rs. 2,08,500/-. Hence, order. a) Appeal is partly allowed. No costs. b) The award of the learned member, M.A.C.T., Jalgaon dated 13/01/2006 in M.A.C.P. No.205/2000 is modified from Rs.1,74,500/- to 2,08,500/- with same interest, against 4 respondents jointly and severally. c) civil application disposed of. [K.U. CHANDIWAL, J.] tsk/fa605.06