IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.935 OF 1996 FIRST APPEAL NO.935 OF 1996 FIRST APPEAL NO.935 OF 1996 1) Shri Rameshwarnath Mathurdas Malik) age 53 yrs. Occ.Business ) 2) Sou.Chamali Rameshwarnath Malik ) age 48 yrs. Occ.Household ) 3) Shri Rajesh Rameshwarnath Malik ) age 26 yrs. Occ.Education. ) All R/o. Narmada Road, Murab ) Colony, Jabalpur. )..Appellants (Org.Applicants) Versus 1) Shri Pishorilal Kishanchand Varma ) Adult, Occ.Business, ) R/o Varma Transport Company, 89-D ) Mellow Road, Bombay-9 ) (Owner of Goods Truck No.MMT-8290 ) 2) Shri Venkatrao Rangrao Gaikwad ) adult, occ.Service, R/o village ) & Dist. Omarga, Hanuman Galli, ) Dist.Osmanabad. ) (Driver of Goods Truck No.MTT-8290) 3) The Oriental Fire & General ) Insurance Co., Divisional office ) No.5, State Bank of India Bldg., ) annex, Bombay ) (Insurance Company of Goods ) Truck No.MTT 8209 )..Respondents (Org.Opp.No.1 to 3) ---- Mr.C.M.Lokesh i/by G.S.Hegde for the appellants. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 22.04.2008. Judgment :- 1. None for the respondent no.3 though served. : 2 : 2. This is an appeal for enhancement of compensation. For the reasons which are mentioned in paragraphs-11 & 12 of the impugned Judgment and order the Motor Accident Claims Tribunal held that opponent nos.1 to 3 would be jointly and severally liable to pay compensation of Rs.83,300/-. This was calculated by calculating annual loss of dependency at Rs.600/- per month i.e. Rs.7200 per year, applying multiplier factor of 10, granting Rs.4300 as taxi expenses, adding further Rs.2000 for funeral expenses and Rs.5000 for love and affection. 2. The facts indicate that the deceased boy was a bright student and he had passed his B.E. Engineering with 1st class. At the time of the accident, he was 24 years old and he was serving as an apprentice with private company. He was getting total stipend of Rs.1400 and on completion of his apprentice, he was to start on a salary of Rs.3000/-. 3. On perusal of the judgment, I find that the Tribunal has calculated his salary on the starting rate of Rs.3000 per month. No allowance has been made for likely increases in salary over the period of years. It is not necessary that the increase in salary in Private Limited Company should be proportionate to inflation. In my view, the average salary could easily have been calculated at the : 3 : higher rate i.e. Rs.4000/- per month. The loss of dependency would be Rs.1000/- per month. The multiplier applied is also very low. It has been observed by the Apex Court that the English Courts give maximum multiplier at 16. The Apex Court had also given multiplier of 15 in the case where the victim was 39 years of age. In the circumstances, I am inclined to increase the multiplier to 16. Having done so, the amount payable would be as follows :- (a) For total loss of dependency - Rs.1,60,000/- (b) For taxi fare - Rs. 4,300/- (c) Funeral expenses - Rs. 2,000/- (d) Amount on account of love & affection- Rs. 25,000/- ----------------------- Total Rs.1,91,300/- 4. In the circumstances, the order passed by the MACT on 18.10.1995 is modified as under :- . That the respondents are held liable to pay to the applicants a sum of Rs.1,91,300/- inclusive of no fault liability together with interest thereon @ 12% per annum from the date of application till payment. There will be no order as to costs. The award as above be drawn. First Appeal stands disposed off accordingly. : 4 : (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)