ash 1 fa-912.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.912 OF 2010 New India Assurance Co. Ltd. .. Appellant Vs Smt. Qaisarjahan Sarfarazahmed Shaikh & Others. .. Respondents -- Shri Ranjan Tripathi i/by Shri S.S. Vidyarthi for the Appellant. Shri T.J. Mendon for Respondent Nos.1 to 4. -- CORAM ; A.S. OKA, J DATED : 4TH JULY, 2011 P.C. . Taken up for final hearing. Heard Learned counsel appearing for the Appellant and the learned counsel appearing for Respondent Nos.1 to 4. 2. The challenge in the Appeal is to the judgment and award dated 8th October, 2009 passed by the Learned Member of the Motor Accident Claims Tribunal in a claim petition under Section 166 of the Motor Vehicles Act, 1988. The claim arises out fatal accident. The compensation of Rs.6,17,000/- has been granted by the Tribunal. The learned counsel appearing for the Appellant, who is the insurer of the offending vehicle, submitted that there is no evidence adduced of the ash 2 fa-912.10 income of the deceased and, therefore, the income could not have been taken at the rate of Rs.4,500/-. He submitted that the date of the age of the deceased was 41 years and therefore, multiplier could not exceed 14. Therefore, higher multiplier of 15 has been illegally applied. Learned counsel appearing for the 1st to 4th Respondents supported the impugned judgment and award. 3. As far as the income of the deceased is concerned, it is brought on record that he was self-employed as an Electrician. The deceased was a resident of Mumbai and was self-employed as an Electrician in Mumbai. The accident is of the year 2002. Therefore, the income of Rs.4,500/- per month taken by the Tribunal appears to be correct in the facts of the case. 4. In view of the decision in the case of Sarla Verma (Smt.) & Others v. Delhi Transport Corporation & Another [(2009)6 SCC 121], considering the fact that the age of the deceased was 41 years, the multiplier ought to have been taken at 14. To that extent, the impugned award is required to be modified. The compensation payable will be Rs.5,67,000/- ( 40,500/- X 14 ). The additional amount of Rs. 10,000/- has been granted by the Trial Court. Hence, the compensation amount will be Rs.5,77,000/-. ash 3 fa-912.10 5. Hence, I pass the following order:- (a) The impugned award is modified by holding that the compensation shall be Rs.5,77,000/- instead of Rs. 6,17,000/-. (b) Rest of the award is maintained. (c) The Appeal is partly allowed on above terms with no orders as to costs. (d) A sum of Rs.25,000/- deposited by the Appellant, if pending in this Court, shall be transferred to the concerned Tribunal. The Tribunal shall pass appropriate order of withdrawal/disbursement. (e) Civil Application No.2524 of 2010 does not survive and the same is disposed of. ( A.S. OKA, J )