1 caf4704 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4704 OF 2010 IN FIRST APPEAL NO.1855 OF 2010 Sumatiprasad M. Bafna (through Power of Attorney) ...Applicant vs. Oriental Insurance Company Ltd.& Ors. ...Respondents Mr.Bhushan Walimbe for the applicant Mr.Sachin Gite for the respondent nos.2 to 4 CORAM : A.S.OKA,J. DATE : AUGUST 11, 2011 P.C.: 1 Heard learned counsel for the applicant and the learned counsel for respondent nos.2 to 4. 2 Even if the average age of the parents who are the claimants is taken, the appropriate multiplier will be 13. If multiplicand of Rs.24,000/- is taken after deducting 50% on account of personal expenditure of the deceased, compensation amount payable will be Rs.3,20,000/-. The learned counsel for the applicant submitted that a sum of Rs. 1,78,000/- has been paid by the applicant to the claimants. However, the said contention cannot be accepted as a submission was made before the tribunal that a sum of Rs.1,00,000/- has been paid. Even if, the sum of Rs.1,00,000/- is deducted, the 2 caf4704 applicant will have to deposit with the Tribunal Court a sum of Rs,2,20,000/- with interest thereon at the rate of 6% p.a from the date of filing of the application till the deposit of the amount. 3 Hence, civil application is disposed of by passing the following order : i) There will be interim stay in terms of prayer clause (a) subject to the applicant depositing an amount of Rs.2,20,000/- with interest thereon at the rate of 6% per annum from the date of the application till the deposit of the amount with the Tribunal within a period of eight weeks from today. ii)If the applicant has paid any amount on account of no fault liability, the applicant will be entitled to adjust the said amount. iii)The applicant will be entitled to adjust a sum of Rs.1,50,000/- which was deposited under the ad-interim order. iv)If the balance amount is deposited by the applicant, it will be open for the claimants to apply to this Court for permission to withdraw the said amount. JUDGE