1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.806 OF 2007 1. Patnoorkar Gopalrao S/o Tukarampant, Age : 52 years, Occ : Nil, R/o Labour Colony, Nanded. 2. Kamalabai W/o Gopalrao Patnoorkar, Age : 45 years, R/o As above. APPELLANTS VERSUS 1. Sharma N. R. S/o N. S. Sharma Age : 47 years, Occ : Business i.e. owner of `truck No.AHT/6461 & Proprietor of United Road Carrier R/o 15/8/233/1 or 15/8/295 Gohsamahal road, HYDERABAD-12. 2. The Manager, National Insurance Co. Ltd., Branch Bashirbag, Hyderabad. 3. Sardar Bigsingh S/o Amarsingh, Age : Major Occ: transport business, & owner of truck No.AHT/6461 R/o H. No.15/8/295, Gosha Mahal, Hyderabad (AP). RESPONDENTS .... Mr. A. P. Bhandari holding for V. D. Patnoorkar, Advocate for appellants. Mr.S. V. Kulkarni, Advocate for respondent no.2. .... (CORAM : K. U. CHANDIWAL, J) DATE :18th January, 2010. ------------------------------ 2 ORAL JUDGMENT : 1. Heard the respective Counsel. In unfortunate accident the unmarried son of the claimant expired. The Insurance Company came with a stand that there was no valid policy. The learned member exonerated the Insurance Company-original respondent no.3. Mr.Kulkarni has now verified with the Officers concerned of the Insurance Company and makes a statement on instructions, that there was valid insurance cover note of the policy and the learned Judge could not have exonerated/dismissed the claim as against the respondent no.3 Insurance Company. 2. The Counsel for the claimant has also urged for enhancing the amount of compensation, however the observations of the learned Judge is, Krishna scummed to the death on the spot. The learned Judge has considered that Krishna was the only son of the claimant, he was graduate, he was earning substantially, he was a prospect for the parents in their life. The loss suffered by the parents indeed is 3 demonstrated in the evidence. I do not see any mistake in awarding the compensation. At the same time the request for enhancing the compensation lacks merits, as proper multiplier is applied and an amount of Rs. 1,63,600/- (Rupees One lac sixty three thousand six hundred) is awarded with interest at the rate of 12% p.a. since the date of institution of claim and the award is dated 16.06.1999. 3. In the above aspects of the matter, I do not see that there needs to be additional enhancement in the award recorded by the learned Member, hence the following order :- a) The appeal partly allowed. b) The liability to remittance will also involve joint and several with National Insurance Company Branch Bashirbag, Hyderabad. With these directions appeal allowed, no costs. (K. U. CHANDIWAL) JUDGE gas/FA806.07