1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH FIRST APPEAL NO. 688 OF 2004 1. Banubegum w/o. Babulal Shaikh age 32 years, occ. nil, 2. Alim s/o. Babulal Shaikh, age 10 years, occ. minor, 3. Anjum d/o. Babulal Shaikh, age 8 years, occ. minor, 4. Ekbal s/o. Babulal Shaikh, age 6 years, occ. the claimant Nos.2 to 4 are minors and they are under guardianship of the claimant No.1. 5. Amirsab s/o. Pachasab Shaikh, age 64 years, occ.nil, 6. Elahibi w/o. Amirsab Shaikh, age 59 years, occ.nil. 7. Hamid s/o. Amirsab Shaikh, age 20 years, occ. minor, U/g. of petitioner No.5, All residents of village Karla, taluka and district Latur. - - - - Appellants [ Orig. claimants ] versus 2 1. Mallikarjun s/o. Sangappa Fattepure, age 34 years, occ. driver, R/o. Mugloor, taluka Humnabad, district Bidar. 2. Keshappa s/o. Basappa Harke, age 54 years, occ. business, R/o. 151-387/1, Feelkhana, Hyderabad. 3. Suresh Trimbak Kale, age 26 years, occ. driver of auto, R/o. village Karla, taluka Ausa, dist. Latur. 4. United India Insurance Company Ltd., Branch Office at Latur. - - Respondents [ Orig. respondents ] Shri Avinash Kshirsagar, Advocate for appellants. Appellant No.5 deleted as per Court's Order dated 3.12.2009. Appeal dismissed against respondents Nos.1 and 2. Respondent No.3 absent though served. Shri S. G. Chapalgaonkar, Advocate for respondent No.4. CORAM: N. D. DESHPANDE, J. Dated : 3rd December 2009 PER COURT: 1. It is informed by learned Counsel Shri Kshirsagar that appellant No.5 father of the deceased is no more. Name of 3 appellant no.5 is allowed to be deleted. 2. Heard both sides. 3. This is first appeal directed against the Award of payment of compensation passed by learned District Judge & Ex-Officio Member of Motor Accident Claims Tribunal, Latur in Motor Accident Claim Petition No. 244 of 1998. The impugned Award was passed for Rs.1,50,000/- as compensation payable to the original claimant who are the dependents of deceased Babulal who died in the road accident on 21-2-1998. Earlier to that, amount of Rs.50,000/- was paid under no fault liability to them. It is also not in dispute that the amount of the award along with interest on the amount of Rs. 1,50,000/- at the rate of 9 per cent per annum was also paid to the appellants. 4. The main contesting respondent is respondent No.4. Insurance Company represented by Shri S. G. Chapalgaonkar. The claim in appeal is Rs.1,50,000/-, over and above the amount awarded. The initial claim was for Rs.3,00,000/- (revised). It is stated that deceased was earning Rs.4,000/- per month as a driver in the private employment. On a fateful day, he was travelling in an auto rickshaw which was hit by truck No.AP - 9/T 3050 insured with the respondent No.4. The learned Motor Accident Claims Tribunal 4 in the absence of documentary proof of the income notionally worked out the income of the deceased as Rs.1,500/- used multiplier of 14 referring to the dependency of Rs.1,000/- p.m. and lumpsum amount of Rs.2,00,000/- was considered as just compensation and in the award earlier payment made Rs.50,000/- was deducted. 5. Learned Counsel Shri Chapalgaonkar for the respondent No. 4 Insurance Company did not object for payment of just compensation as per the income of the deceased. Unfortunately, there is no proof of the income in private employment to a truck driver. No receipts are available but that would not certainly defeat the claim upon death. The notional income can be worked out as Rs.2,000/- p. m. and the multiplier of 15. It is practice to pay additional amount of funeral, loss of consortium, loss of love and affection which is Rs.10,000/-. Thus amount of dependency is worked at Rs.1500/- and if multiplier 15 is considered then total compensation now payable is Rs.2,50,000/- for their claim under section 166 of the Motor Vehicles Act out of that they had already received Rs.2,00,000/- (Rs. Two lacs only) and therefore they would be entitled to an additional payment of Rs.50,000/- with interest @ 9 % p. a. 5 6. Thus, appeal is partly allowed in the above terms and accordingly modified. The award may be drawn accordingly for Rs. 50,000/- with interest @ 9% p.a. from the date of appeal. 7. The appeal is partly allowed. The respondent No.4 United India Insurance Company Ltd. shall deposit amount within two months from today with the learned Motor Accident Claims Tribunal and the learned Tribunal is directed to make payment to the claimants in accordance with law. Appeal is disposed of with no order as to costs. ( N.D.DESHPANDE, J. ) pnk/fa68804