1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal Stamp No.24135 of 2008 With Civil Application No.5679 of 2008 The United India Insurance Co.Ltd. Appellant Vs. Mrs.Suresh Jival Dalvi & anr. Respondents Mr.Rohan Darandale for appellant. Mr.R.B.Chavanke for respondents. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. January 29, 2009. P.C. 1. We have heard Mr.Darandale, learned counsel for the appellant - Insurance Company. Mr.Chavanke appears for the respondents - original claimants. 2. This appeal arises from the award passed by the Motor Accident Claims Tribunal at Palghar in M.A.C. No.129 of 2005 on 30/1/2008. The applicant - present respondent no.1 had met with an accident on 30/4/2005 at about 4.45 p.m. while he was a pillion rider on the motorcycle bearing registration No.MH-04/BR-4332 2 while he was coming from Madgaon to Talasari. Jeep bearing registration No.MH-04/BG-8357 coming from the opposite direction had given a dash to the motorcycle and, therefore, he sustained injuries. He underwent medical treatment and was certified to have sustained 20 percent partial permanent disability. 3. The factum of accident was duly proved before the Tribunal on the basis of evidence, both oral as well as documentary. The claimant had pleaded that he was getting monthly salary of Rs.3500/-. However, there was no documentary evidence in support of this claim. The Tribunal, therefore, proceeded to estimate his monthly income at Rs.2500/- i.e. Rs.30,000/- per annum. The age of the claimant was 30 years and, therefore, the multiplier was fixed at 17. The Tribunal also noted that the driver of the motorcycle was equally responsible for the said accident and, therefore, the negligence was apportioned to 50 per cent on the part of the claimant. Taking into consideration all these factors, the Tribunal granted an amount of Rs.51,000/- towards loss of income, Rs.15,000/- towards loss of wages for six months as the claimant was unable to attend to his normal day-to-day work for a period of six months while he 3 was under medical treatment. An amount of Rs.10,000/- has been awarded on account of pain and suffering and Rs.10,000/- for medical expenses, Rs.5000/- for special food and diet and Rs.2000/- for conveyance thus making a total of Rs.93,000/- inclusive of NFL claim. 4. We have seen the R. & P. and heard the learned counsel for both the parties. The larned counsel for the appellant - Insurance Company raised a grievance on the issue of estimating the monthly income of the claimant. As per him there was no basis to fix the monthly income at Rs.2500/- while there was no documentary evidence in support of such fixed monthly income. It is well known that in the State of Maharashtra the minimum wages of an agricultural labour are more than Rs.100/- per day and admittedly the claimant was a healthy and fit person. Even with the rate of minimum wages payable to a farm labourer the monthly income would come to more than Rs.2500/- and, therefore, the estimate of income done by the Tribunal does not suffer from any errors. The findings of the Tribunal on other issues also do not suffer from any errors. 4 5. The appeal must, therefore, fail at the threshold and the same is dismissed in limine. 6. Civil Application No.5679 of 2008 does not survive and the same stands disposed off. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)