1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.460 of 2006 (WITH C.A. NO.2843/2006) M/s New India Assurance Co.Ltd., having its Regd. and Head office at New India Assurance Building, 87, M.G.Road Fort, Mumbai 411 001 Br. at UTI Mahal, 6th Floor, J.Tata Road, Churchgate Mumbai 400 020 & Divisional Office at Adalat Road, Aurangabad through it's Sr. Divisional Manager & Constituted Attorney Mr.S.B.Aney. ...APPELLANT (ORGL 1st Respondent) VERSUS 1. Ravindra Waman Ingale, age 50 Occupation Nil. 2. Sau. Indubai Ravindra Ingale, Age 45 Occupation Household, Both r/o Gandhi Chowk Varangaon, Tq. Bhusawl, District Jalgaon. (Orig.Petitioners) 3. M.D.Kaslam Moh.Choramat, Sant Wavata Marg, Near Victoria Bridge Mustafa Bazar, Mumbai (deleted vide Exh.20.) (Orig.Respondent No.2 and 3) (4. Mohammad Arshad Shahid Ali, Rashid Compound G-4 Kausa, Thane. ...RESPONDENTS 2 Mr.V.N.Upadhye, Adv., for the appellant. Mr. G.V.Wani, Adv., for respondent nos. 1 and 2. Respondent No.3 deleted. Respondent no.4 deleted as per order dt.9.3.2010. ... CORAM: K.U. CHANDIWAL, J. DATE :16-4-2010 *** PER COURT : 1. Heard Mr. V.N.Upadhye, Counsel for the appellant, extensively. 2. The Insurance Company feels aggrieved by award dt.11.8.2005, recorded by the learned Member, Motor Accident Claims Tribunal, Jalgaon, directing compensation of Rs.2,79,000/- with interest at 9 per cent from 12.3.2001. Admit the appeal. 2. After hearing the Counsel, following point arise for consideration: POINT: (1) Whether, in the facts and circumstances, when deceased was 22 years, unmarried and the parents were oscillating between 50 - 45 years of age, the learned Judge was justified in applying multiplier of 17 ? 3 ANSWER: Considering the facts, the learned Judge should have applied multiplier of 13. The award accordingly modified. 3. The short controversy in the matter is, the deceased was conducting auto rickshaw garage and the parents demonstrated that he was having monthly earnings of Rs.8,000/- to Rs.10,000/- and for that purposes, documents at Exhs. 40 to 42 were tendered. It is not in controversy that the deceased was unmarried, about 22 years old. The learned Judge did not believe the documents at Exhs.40 to 42, however, he calculated the annual income of the deceased to be Rs.24,000/- and thereon, by applying multiplier of 17 and deducting one third, reached to the conclusion of compensation of Rs.2,79,000/- and, added to it was Rs.2,000/- plus Rs.5,000/- towards funeral expenses and loss of estate. 4. The annual income, as calculated by the learned Judge does not require interference. Only the question of multiplier is to be correctly applied which is to be 13 and by applying such multiplier, after deducting one third, the eligibility will be Rs.2,08,000/-. Added to it is Rs.2,000/- towards funeral 4 expenses and Rs.15,000/-(Rs.fifteen thousand) towards loss of estate. The total comes to Rs. 2,25,000/- (Rs.two lacs, twenty five thousand). "ORDER" The appeal is partly allowed. The respondent nos. 1, 2 and 3 of the original claim petition to pay, jointly and severally, an amount of Rs.2,25,000/- with interest at the rate of 9 per cent per annum from the date of claim petition, till its realization. Other directions remain un-altered. No costs. Excess amount deposited by the appellant New India Assurance Company, to be paid to it. Civil Application disposed of. [K.U. CHANDIWAL, J.] agp/460-06fa