1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO.95 OF 2005 WITH MISCELLANEOUS CIVIL APPLICATION NO.129 OF 2011 1. Shri Shyam Warkar (since deceased through LR's) 1b. Shri Paresh Shyam Warkar, son of late Shyam Warkar, aged 27 years, service, both above residents of House No.385, Fonculem, Sanvordem, Taluka Sanguem-Goa. 1c. Smt. Vinita Vijay Haldankar alias Shveta Shyam Warkar, daughter of late Shyam Warkar, aged 23 years, married and her husband, 1d. Shri Vijay Vishnu Haldankar, son of Vishnu Haldankar, aged 30 years, married, both above resident of Tamse Wada, P.O. Kodibagh, Taluka Karwar. 2. Smt. Sunanda Shyam Warkar, aged forty six years, housewife, both above residents of house no.385, Fonculem, Sanvordem, taluka Sanguem Goa. …. Appellants V/s. 1. Anthony Fernandes, son of Santan Fernandes, major in age, driver and owner of truck bearing registration number GA-02-U-7307, resident of house no.423, Math Waddi, Collem, taluka Sanguem-Goa. 2. The New India Assurance 2 Company Ltd., insurer of truck bearing registration number GA-02-U-7307, Ponda Goa. …. Respondents Mr. S.S. Kakodkar, Advocate for the Appellants. Mr. E. Afonso, Advocate for Respondent No.2. CORAM : F.M. REIS, J. DATE : 11th FEBRUARY, 2011 JUDGMENT : The above appeal challenges the judgment and award passed by the Presiding Officer of the Motor Accident Claims Tribunal at Margao in Claim Petition No.66/2002 dated 25/11/2004. 2. The Claim Petition was filed by the appellants in view of the death of Suraj Shyam Verekar under Section 166 of the Motor Vehicles Act, who expired due to a motor vehicle accident on 12/11/2001 at Mus or Musher at Panchwadi on the road between Shiroda to Sanvordem. The said deceased was a pillion in the same motor vehicle accident, which was the subject matter of First Appeal No.94/2005. 3. The Tribunal after framing the issues and recording of evidence came to the conclusion that the appellants were entitled for compensation from the respondent no.1 of an amount of 3 Rs.2,98,000/- inclusive of 'no fault liability' together with interest thereon at the rate of 6% per annum from the date of filing of the Claim Petition up to realization. The Claim Petition against the respondent no.2 came to be dismissed. Being aggrieved by the said judgment and award, the appellants have filed the present appeal. 4. Shri S.S. Kakodkar, the learned Counsel appearing for the appellants has impugned the said judgment and award on the same grounds as submitted in First Appeal No.94/2005. 5. Shri E. Afonso, the learned Counsel appearing for respondent no.2 has supported the impugned judgment and relied upon the same judgments as referred to in First Appeal No.94/2005. 6. After hearing the learned Counsel and on perusal of the records, the following two points for determination arise in the present First Appeal: POINTS FOR DETERMINATION : (i) Whether the Insurance Company is liable to pay the amount to the appellants. (ii) Whether the amount of 4 compensation as assessed by the Tribunal is in accordance with law. 7. The first point for determination referred to herein above has been discussed and decided while deciding First Appeal No.94/2005. For the reasons stated in the said judgment in First Appeal No.94/2005, I find that the Insurance Company/respondent no.2 is liable to effect the payment as awarded to the appellant and recover the same from the owner and driver/respondent no.1, herein. The first point for determination is answered accordingly. 8. As far as the second point for determination is concerned, the Tribunal has fixed the monthly income of the deceased at Rs.3,000/- per month. The age of the dependent is 55 years old. In view of the judgment of the Apex Court reported in 2009 (6) SCC 121 in the case of Smt. Sarla Verma V/s. Delhi Transport Corporation & Anr., the multiplier applicable in the present case is 11. The amount, as such, works out to Rs.3,96,000/-. After deducting 50% on account of personal expenses, the amount works out to Rs.1,98,000/-. Besides the said amount, the appellants would be entitled to a sum of Rs.2,000/- on account of funeral expenses and an amount of Rs.2,500/- for as loss of estate. As such, the total amount works out to Rs.2,02,500/-. The appellants would 5 also be entitled to interest at the rate of 7.5% per annum from the date of filing of the claim petition up to actual payment. The learned Tribunal was not justified to fix the compensation as determined in the impugned judgment and award. The second point for determination is answered accordingly. 9. In view of the above, I pass the following order: O R D E R (i) The appeal is partly allowed. (ii) The impugned judgment and award is modified and the amount of compensation is fixed at Rs.2,02,500/- together with interest thereon at the rate of 7.5% per annum from the date of the filing of the Claim Petition up to actual payment. (iii) The amount received under Section 140 of the Motor Vehicles Act shall stand deducted from the said amount. (iv) The respondent no.2 is directed to make the said payment to the appellants and recover the same from the respondent no.1, in accordance with law. (v) Miscellaneous Civil Application No.129/2011 stands disposed of for the reasons stated herein above. (vi) The appeal stands disposed of accordingly with no order as to costs. F.M. REIS, J. NH/-