IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.203 of 2007 1. Ramjit Paswan, son of Late Triloki Paswan, 2. Smt. Shakuntla Devi, wife of Ramjit Paswan All residents of Village-Dariaura, P.S-Dobhi, District- Gaya ….Applicants-Appellants. Versus 1. New India Insurance Co.Ltd through its Divisional Manager, Division Office, Nagmatia Road, Gaya. 2. Mahesh Yadav, son of Saudagar Yadav, Resident of Village-Mastpura, P.S.-Bodh Gaya, District-Gaya. 3. Sobhi Paswan, son of Sri Etwari Paswan (Driver) Temporary Kotwali, Gaya. Permanent resident of Village- Mohamadpur, Lalganj, District-Vaishali. …. Opposite parties- Respondents. For the appellants : Mr. Nand Kishore Pd. Sinha, Advocate For respondent no.1 : Mr. Sanjay Singh, Advocate. ----------- 10. 19/02/2010 Calling in question the legal propriety of the award dated 27.02.2007 passed by the 1st Additional District Judge- cum-Motor Accident Claims Tribunal, Gaya in M.A.C. Case no. 7 of 2005 / 4 of 2001 whereby the tribunal has awarded a sum of Rs. 1,64,000/- towards the death of the deceased, who was aged about 20 years. The only question that has emanated from this appeal relates to quantum. The claimants-appellants are the parents of the deceased. It is worth noting that the deceased was unmarried. It is also to be noted that the claim was based on the factum that the deceased was working as a Mason and he was earning Rs. 2500/- per month. The tribunal has not accepted the said fact. - 2 - Keeping in view the material brought on record I am inclined to think that the deceased was supporting his parents and, hence, his yearly contribution can safely be held to be Rs. 18,000/-. The age of the mother of the deceased would govern the multiplier. Thus, the compensation on this score would come to Rs. 18,000 x 13 = Rs. 2,34,000/-. To this sum, an amount of Rs. 4500/- would be added towards loss of estate and funeral expenses. Thus, the total amount of compensation would come to Rs. 2,34,000 + Rs. 4500 = Rs. 2,79,000/- (Two lacs seventy nine thousand). The differential enhanced sum shall carry interest at the rate of 6% per annum from the date of presentation of the application before the tribunal till the date of deposit of the said sum before the tribunal. The tribunal shall disburse the differential amount keeping in view the law laid down in General Manager, Kerala State Road Transport Corporation, Trivandrum v. Mrs. Susamma Thomas and others, A.I.R. 1994 SC 1631. In the result, the appeal is allowed in part and the award stands modified accordingly. There shall be no order as to costs. Dilip/Sunil. (Dipak Misra, C.J.)