S IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.438 of 2004 RAMAN PRASAD & ORS Versus UMESH PRASAD PATEL & ORS ----------- 5 11.7.2008 Appellant Raman Prasad and five others have filed this appeal for setting aside the Judgment dated 13.7.2004 and Award signed on 23.7.2004 passed by Sri M.Sahoo, Additional District Judge-V, Patna-Motor Accident Claim Tribunal in Claim Case No.64/2001. Heard learned counsel for the claimants-appellants and Sri Durgesh Kumar Singh, learned counsel for United India Insurance Com pany Limited. Claimant-appellant no.1 Raman Prasad is father of the deceased Barun Kumar, who at the time of his death was 19 years old and was working as an employee of M/S. Raj Construction at Mahatma Gandhi Setu, Patna. He was engaged in toll collection since 10.7.2000 and was getting Rs.2000/- per month by way of his monthly salary. On 30.9.2000 at about 5.45 P.M. a truck bearing Registration No.BR-06G-9009 belonging to one Pushpanjali Gas Service driven by its driver Umesh Prasad Patel dashed the deceased while he was engaged in the process of toll collection and the driver managed to flee away with the vehicle. The deceased Barun Kumar died at the spot. The death occurred due to rash and negligent driving of the driver. The matter was brought before the Claims Tribunal and the learned Presiding officer of the Tribunal held the income of the deceased at Rs.2000/- per month and deducted 1/3rd of the claimed amount taking into consideration of his life expectancy and again deducted 1/3rd from the 2 remaining 2/3rd 9f the income of the deceased so as to hold that the claimants were only entitled to Rs.1, 36,100/- by way of compensation. Out of the same, Rs.50, 000/- was deducted which was paid earlier as interim relief and so the balance amount of Rs.86,100/- was directed to be paid to the claimants. The interest @ 6% simple from the date of claim was also allowed.. Learned counsel for the appellants has relied upon a decision of the Hon’ble Apex Court reported in SCC, 2008(4)259. Learned counsel for the Insurance Company Sri Singh in all fairness has rightly submitted that either of the age of the deceased or the parent-claimant whichever is more is to be considered for the purpose of application of Multiplier system. Here, it is admitted fact that the appellant-claimant, father of the deceased at the relevant time of death of his son was 54 years old and so there will be application of Multiplier system of 11, treating the income of the deceased @ Rs.24,000/- per annum. So, deducting 1/3rd from Rs.24,000/- p.a. it comes to Rs.16,000/- per annum which multiplied by 11 will come to Rs.1,76,000/-. So. the claimants-appellants will be entitled to Rs.1.76,000/- only. The rate of inertest as decided @ 6% per annum from the date of the claim shall remain in force. Accordingly, this appeal is allowed with the aforesaid modifications in respect of the quantum of compensation. SKBOSE (Subash Chandra Jha)