1 FA No.55/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.55 of 2011 The National Insurance Co. ... Appellant versus (i) Smt.Ranjan Kalya Waghleda (ii)Sakharam Radhya Waghleda (iii)Shanti Sakharam Waghleda (iv)Master Yogesh Kalya Waghleda ... Respondents ... Mr. V.N.Sagare for the appellant Mr.R.S.Chahal for respondent nos.1 to 4. CORAM : D.G. KARNIK, J DATED : 2nd February 2011 P.C. 1. Heard learned counsel for the parties. 2. The appeal is directed against the judgment and award dated 10 June 2009 passed by the Motor Accident Claims Tribunal (for short “the Tribunal”) at Thane,awarding compensation of Rs. 3,52,000/- to the respondents. Learned counsel for the appellant 2 FA No.55/11 restricts the appeal to the amount of compensation. He raises two contention. Firstly, he submits that the age of the deceased has been wrongly held to be 24 years by the Tribunal. Secondly, he submits that earning of the deceased has been wrongly taken as Rs.2,500/- per month by the Tribunal. 3. It is true that the respondents had not produced the birth certificate of the deceased. However, in the absence of a birth certificate, the age has to be determined on the basis of preponderance of probability on the available evidence. The doctor who had conducted the post mortem has reported the age of the deceased to be 24 years. No other evidence whatsoever was adduced by the appellant Insurance company about the age of the deceased nor was the post mortem report challenged. In the circumstances, in my view, the Tribunal did not commit any error in relying upon the undisputed post mortem report for arriving at the age of the deceased. Even if it is assumed that the age mentioned in the post mortem report may vary by couple of years, that would not alter the multiplier in the present case. The multiplier applied is of 17 years which would remain the same even if the age of the deceased was a few years more less or more. Hence, first ground has no merit. As regards the second ground, it is undisputed that the deceased was an able bodied young man of around 24 years of age. He was working as laborer. Taking into consideration the minimum wages prescribed under the Minimum Wages Act as also the fact that the deceased was able bodies man., 3 FA No.55/11 his earnings could be assumed to be Rs.100/- per day. In the case of National Insurance Company Vs. Khimlibai and others, 2009 ACJ 2648, the Supreme Court has confirmed the decision of the High Court wherein the earnings of the deceased were assumed to be Rs.3,000/- p.m on the basis of earning of Rs.100/- per day. In the present case, the Tribunal has assumed the income only at Rs. 2,500/- per month which cannot be said to be unreasonable. The Tribunal has also allowed deduction of 1/3rd of personal expenses. Taking into consideration the size of the family of the deceased the fact that he was married man having a minor child and dependent parents to whom he was supporting, 1/3rd deduction cannot be held to be unreasonably low. No other point was urged. There is no merit in the appeal which is hereby dismissed summarily. (D.G.KARNIK, J)