2306fa610.09.sxw 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL NO. 610 OF 2009 The New India Assusrance Co. Ltd. vs. Sk. Munir Sk. Nabi & others Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. AJ Pophaly, Advocate for the appellant. Coram : A.H. Joshi, J. Dated : 23rd June, 2009. 1. This is an appeal by Insurance Company. 2. The only question pressed into service is that : Multiplier of 16 ought not to have been resorted with in the background that age of claimant No. 1 whose age was around 50 years. 3. It is not shown as which rule or doctrine the application of 16 as multiplier is erroneous. 4. Learned Advocate for the appellant wants the age of the dependent No.1 to be seen and states that in the connected case, in the cross examination, the applicant No.1 had admitted her age to be 55 years. 5. The applicant No. 1’s age is shown in his affidavit of examination in chief to be 50 years. His age will have to be from the date of affidavit and not on the date of the claim petition. Moreover, when there are more than one claimant and other claimants are young children, their ages will have to be seen. 2306fa610.09.sxw 2/2 6. Argument that Tribunal should have considered the age of applicant No. 1 alone and not the ages of other applicants and of the deceased too is a very strange and untenable submission. 7. Therefore recourse to 16 as of multiplier is just and proper. 8. No interference is warranted in the appeal. Appeal has no merit, and the same is dismissed at the stage of admission hearing. JUDGE wwl