IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.245 of 2007 ====================================================== The New India Assurance Company .... .... Appellant/s Versus Most.Meera Kunwar & Ors .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 9 24-06-2015 Though at one point of time this case was referred to Division Bench but learned counsel for the appellant Company i.e New India Assurance Company Limited had not complied the peremptory order and the appeal stood dismissed. Today, by separate order passed in M.J.C No. 1771 of 2010, this appeal has been restored and this Court has also heard learned counsel for the parties on the merit of this case. Having regard to the fact that the issue now stands settled by the judgment of the Division Bench as with regard to the jurisdiction and competence of the Additional District Judge, F.T.C.-II Cum Motor Vehicles Accident Claim Tribunal, Siwan, in passing the judgment and award, the objecting raised by the learned counsel for the appellant company, in terms of the judgment of the Division Bench, must be overruled. Patna High Court MA No.245 of 2007 (9) dt.24-06-2015 2 This Court has also gone into the correctness of the judgment and it does not find any error either as with regard to income assessed by the Court below or the application of multiplier 20, the only two aspects highlighted by learned counsel for the appellant while assailing the impugned judgment and award of the Tribunal. The submission of learned counsel for the appellant that the deceased at that time accident was aged about 58 years cannot be accepted inasmuch as, the Court below on the basis of evidence has recorded that he was 38 years of age. Once this position becomes clear that the age of the deceased was 38 years and the multiplier of 20 cannot be questioned. This Court would also find that there is a detailed discussion even on the issue of income and the finding recorded by the Court below on the income of Rs. 4088.45/- also does not suffer from any error. That being so, this appeal must fail and is, accordingly, dismissed. Ranjan/- (Mihir Kumar Jha, J) U