1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.535 of 2006 1. M/s New India Assurance Co.Ltd., having its registered and head office at 87, M.G.Road, New India Assurance Building, Mumbai 400 001, Branch at JALGAON Divisional Office at Adalat Road, Ajay Engg.Compound, Aurangabad 431 005 Through its' Sr.Divisional Manager & Constituted Attorney Dr.Shrikant Baliram Aney, age 54 yrs. (Orig.Respondent no.3) 2. Mr. Birendrasingh R.Singh, aged about 45 years, Occ. Truck Owner and Business, Shukla Front Carrier, T.J.Road, Shivadi, Mumbai 400 015 (Orgl.2nd Respondent) ...APPELLANTS VERSUS 1. Sajjan Shitru Tadavi, age 50 yrs. Occ. Service, Wagzira, Post Kingaon, Tq.Yaval, Dist. Jalgaon. 2. Shahanurbai w/o Sajjan Tadavi, Age 45 yrs. Occ. Household, r/o as above. (Original claimants No.1 & 2) (3. Ramavatar s/o Gobariya Yadav, Age 25 yrs. Occ. Driver, r/o Pimpra Post Vardhari, Post Daldala Dist. Siddharthnagar ( U.P.) Now 2 Shukla Front Carrier, T.J.Road, Shivadi, Mumbai 15.) R.No.3 deleted as per order dt.9.3.2010. ...(ORIG.RESP.NO.1) ...RESPONDENTS ... Mr.V.N.Upadhye, Adv., for the appellant. Mr. V.B.Patil, Adv., for respondent nos. 1 and 2. ... CORAM: K.U. CHANDIWAL, J. DATE :16-4-2010 *** PER COURT : 1. Heard Mr. V.N.Upadhye and Mr.V.B.Patil, Counsel for the respective parties. Admit the appeal. 2. The Insurance Company feels aggrieved by the award of Rs.1,79,500/- with interest at the rate of 9 per cent awarded by the learned Member, Motor Accident Claims Tribunal, Jalgaon, dt. 23.12.2005. 3. After hearing the Counsel, following points arise for consideration: Points: 1) Whether the learned Judge was justified in applying multiplier of 17 and treating the notional income 3 to be Rs.15,000/- per year and, ultimately, treating the income to be Rs.10,000/-? 2) What order ? FINDINGS: 1) The learned Judge erred in applying multiplier of 17; it should have been 13 and, at the same time erred in computing the notional income at Rs 15,000/- and reducing it to Rs.10,000/-. 2) As per final order. 4. The overall effect in the matter is, if the notional annual income of the deceased is increased from Rs.15,000/- to Rs.24,000/- and the multiplier is applied as 13, the amount the claimants will be entitled to comes to Rs. 2,08,000/-, however, there is no cross objection from the claimants. 5. The submission of Mr. Upadhye that the notional income for the loss is for the accident occasioned in 1997 and it was in tune with the settled position. I do not agree that on date of the accident (dated 7.3.1997), there could be notional annual income of Rs.15,000/- only. However, since the learned Judge has treated it as Rs.15,000/-, and the multiplier applied though is excessive, said to be 17, to hold the balance, 4 the amount of Rs.1,79,500/- which the learned Judge rounded to Rs.1,80,000/-, does not warrant any interference. As, ultimately the entitlement would be more or less to Rs. 1,80,000/-. 5. Appeal is dismissed. No costs. Civil Application disposed of. Claimants are entitled to receive the amount deposited with accrued interest. [K.U. CHANDIWAL, J.] agp/535-06fa