1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 792 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr.C. R. Deshpande, Advocate for appellant. ...... [ CORAM : K.U.CHANDIWAL, J. ] DATE : 13th January, 2010. PER COURT : 1. Heard Mr.Deshpande, the learned Counsel appearing for the appellant extensively. The learned Member, Motor Accident Claim Tribunal, Latur by an order dated 2nd December, 2008 accepted entitlement of the appellant/claimant for losses suffered, however restricted the same to Rs.1,39,000/-. In para No.10 of the judgment the learned Judge has considered that daily employment charges could be Rs. 2 50/- and it would be Rs.1500/- per month. The learned Judge considered the same Rs. 1800/-p.a. It is a matter of record, though the claimant has agricultural property to the extent of 25 Acres, however, loss towards mental agony suffered by the claimant, the deceased was aged about 54 years, the loss can not be compensated in the manner the learned Judge has calculated. The calculation in para no.10 effected by the learned Judge is apparently erroneous. The annual income should have calculated at Rs.24,000/- and by applying deductions of 1/3rd amount, figure should have been Rs.18,000/-. The multiplier of 11 is correctly applied. The amount of Rs. 5000/- towards mental agony or the funeral expenses of Rs.2000/- remains unaltered. Hence, the following order. (a) The claimants-appellants are entitled to receive an amount of Rs.2,05,000/- 3 (Rs.Two Lacs Five Thousand ) with interest at the rate of 7.5% from the respondents. No order as to costs. The appeal is allowed in the above terms. [ K.U.CHANDIWAL ] JUDGE gas/fa792.09