1 FA : 107/2002 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.107 OF 2000 Radubai Lakshi Bhoba & Anr. .... Appellants Vs. Hardayal Narayan Bhagwanprasad .... Respondents & others. Mr. S.A. Joshi h/f Mr. S.M. Oak, Advocate for appellants. Mr. S.R. Singh Advocate for respondent no.3. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 24th March, 2011 P.C. 1. This appeal is by the claimants seeking enhancement of the compensation awarded by the Tribunal on account of death of the husband of appellant no.1 and father of appellant no.2. The husband of appellant no.1 died in motor vehicle accident on 30th April 1978. The appellants filed the application for grant of compensation of Rs. 45,000/- on account of his death. The Tribunal by its judgment and order dated 18th October 1997 allowed the application and granted the entire amount of compensation as claimed with interest @12% per annum. 2. Despite the grant of entire claim, the appellant feeling dissatisfied with the award, filed the present appeal claiming enhancement to the extent of Rs.1,66,999/-. It appears that after the entire evidence was 2 FA : 107/2002 recorded, the written notes of argument had been filed by the leaned Advocate appearing for the appellants before the Tribunal. In the written notes, he prayed, for the first time, for grant of compensation of Rs.1,66,999/-. It was contended at the stage of arguments that the correct income of deceased was Rs.1,000/- per annum. The Tribunal found that the entire evidence produced by the appellants before the Court including the deposition of witnesses showed that the deceased was earning Rs.250/- per month as an agricultural labourer. Therefore, the Tribunal rejected the claim in the arguments of the income of Rs.1,000/- per month and held that the deceased was earning Rs.250/- per month. It further held that the deceased was contributing to his family Rs.200/- per month and adopted the multiplier of 17 years, considering the age of the deceased of 33 years. With this calculation, the compensation for the loss of dependency was Rs.40,800/-. The Tribunal considered the balance amount of claim of the appellants of Rs.4,200/- as the compensation for the loss of consortium/ love and affection and towards the funeral expenses and allowed the application for compensation of Rs. 45,000/-. The learned counsel for the appellants, submits that, the compensation awarded for the loss of consortium and love and affection of about Rs.4,000/- is not just according to him, compensation for that purpose within the range of Rs.5,000/- to Rs. 10,000/- ought to have been awarded. Considering the fact that the application was filed in the year 1983 and decided in the year 1997, the amount of compensation of Rs.4,200/- towards the consortium/ 3 FA : 107/2002 love and affection and funeral expenses is a just and reasonable compensation. No interference with the impugned judgment and order is required. Hence, the appeal is dismissed. (SMT.R.P. SONDURBALDOTA,J)