-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.2936 OF 2007 APPLICATION NO.2936 OF 2007 APPLICATION NO.2936 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.1846 OF 2007 APPEAL NO.1846 OF 2007 APPEAL NO.1846 OF 2007 Jijaba Govind Hipparkar & Anr. ...Applicants vs. Nyaj s/o Taj Khaw & Ors. ...Respondents Mr.Prabhakar Jadhav for the Applicants Mr.Umesh Mankapure for the Respondents CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 18, 2008 : FEBRUARY 18, 2008 : FEBRUARY 18, 2008 P.C.: P.C.: P.C.: 1. Heard learned Advocates for the parties. The present applicants are the original claimants. The prayer in the application made by the original claimants (Appellants) is that the fourth Respondent should be retrained from withdrawing the compensation amount. 2. The claim under section 166 of the Motor Vehicles Act,1988 filed by the Appellants arises out of a fatal accident. The fourth Respondent-fourth opponent in the claim petition claims to be the widow of the deceased. The applicants-claimants are the parents of the deceased. Out of the compensation amount, a sum of Rs.3,09,904/- has been ordered to be paid to the fourth Respondent who is the widow of the deceased. The contention in this application is that the widow has remarried and therefore, she should be restrained from withdrawing the -2- amount payable to her under the impugned award. 3. The age of the Applicants as disclosed in the claim petition on the date of filing of the claim petition are 60 and 55 respectively. The claim petition was originally filed by the Applicants/Appellants was for grant of compensation of Rs.2,00,000/-. Considering the age of the fourth Respondent, higher multiplier of 14 has been applied. If the claim of only the present applicants was to be considered, by no stretch of imagination, multiplier could exceeded to 4 or 5. The tribunal has ordered that a sum of Rs.50,000/- with accrued interest should be paid to the first Applicant and a sum of Rs.75,000/- with accrued interest should be paid to the second Applicant. The compensation awarded to them primafacie appears to be reasonable. 4. Hence, no case is made out for grant of prayers made in this application. Application is rejected. It is made clear that the award made by the tribunal shall be acted upon subject to final outcome of the Appeal. JUDGE JUDGE JUDGE