1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL No.981 OF 2009 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL,J. DATE : 7 th July, 2009. 1) Heard respective Counsel. 2) The matter can be disposed of at admission stage as was indicated on 8th June, 2009. Record and Proceeding is available for perusal. 3) In an unfortunate accident, the deceased, the only son of the appellant, aged 22 years., lost his life, occurred due to negligence of the driver. The deceased was working as a mason or a person carving idols. The employer certified the monthly earnings to be Rs. 2,000/-. The learned Judge, however, treated the same to be notional income of Rs.15,000/- per year and deducted 1/3rd for personal expenses, bringing the figure to Rs.10,000/- and applied multiplier of 13. 4) Considering the contentions agitated by the claimant, the evidence of Narayan at Exh.34, there should not have 2 been any reason to dislodge earning capacity of deceased to be Rs.2,000/-. The normal feature is, the ordinary labour earns Rs.100/- per day even if he works at Govt. site or at private work site, this should not have been obliterated. In the scenario, the annual income after deduction of the deceased is computed at Rs.16,000/- the multiplier 13 remained unaltered. The figure ultimately comes to Rs.2,08,000/-. Added to it is the mental agony suffered by the petitioner, as she has lost her only son, which the learned Judge has made addition of Rs.20,000/-, in the situation, it should have been Rs.30,000/-. Consequently, the entitlement of the claimant comes to Rs.2,38,000/-. Hence, order - (i)The appeal is partly allowed; (ii)The petitioner/appellant is entitled to get compensation of Rs. 2,38,000/- inclusive of NFL amount with interest @ 6% p.a. From the date of claim petition till realization of entire amount. No costs. ( K.U.CHANDIWAL ) JUDGE **** bdv/fa981.09