1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 7. FA/1504/2009 With CA/7003/2009 In FA/1504/2009 With CA/8937/2009 In FA/1504/2009 (New India Assurance Company Ltd. Vs. Shankar s/o Malhari Satpute and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.G.Chapalgaonkar, Adv., for appellant. Mr. G.S.Shembole, Adv., for Respondent nos. 1 and 2. ... CORAM: K.U.CHANDIWAL, J. DATE:18-2-2010 P.C.:- 1. Respondent no.3, owner of the vehicle served, absent. The appeal restricts to quantum and also on the point of contributory negligence. 2. Heard. Considering the above stated facts, appeal is finally disposed of. 3. The short question in the matter is, the deceased, aged 21 years, namely, Raju Satpute, while 2 plying motor cycle met with an accident, crumbled in the rear wheel of the Bus, insured with the appellant New India Assurance Company and succumbed. The parents/ claimants, were aged 47 and 42 years, as indicated in the claim petition. 4. The learned Judge though has considered the negligence but, I find it was also assessed on erroneous appreciation of evidence. Though it was expected of the claimant to array the driver of the motor (Bus) as a party in the proceedings, however, it is not so done. Such omission by itself will not dilute the effects of the claim petition as has been settled in catena of the judgments. 5. The controversy will be centered to the dependency and the multiplier of 17 applied by the learned Judge. 6. In the light of the Apex Court judgment indicated in the matter 3 of Municipal Corporation of Greater Bombay Vs. Smt. Laxman Iyer and another ( AIR 2003 SC 4182) selection of multiplier is dependent on various facets in the matter. The age of the parents is one of the aspect to be considered, including dependency. The deceased was unmarried. He had no dependency in that context. His parents, as stated above, being 47 and 42 years of age, the multiplier reasonably could be only of 8 to 10. However, the multiplier can be put to 11 considering age of the parents and age of the deceased. The income assessed by the learned Judge, requires no modification. The details towards loss of consortium and funeral expenses of Rs.5,000/- each also remain unaltered. 7. The appeal is partly allowed in following mode. The award in M.A.C.P.No. 805/2007 recorded by learned District Judge-4, Aurangabad is modified, instead of an amount of 4 Rs.4,18,000/- it will be for an amount of Rs.2,74,000/- with interest at the rate of 9 per cent per annum from the date of the petition till realization of the amount. It includes the amount received by the claimants under No Fault Liability. No costs. The amount deposited in this Court be remitted to the claimants on their application. Civil Applications disposed of. (K.U.CHANDIWAL) JUDGE agp/1504-09fa