(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. FIRST APPEAL NO. 1520 OF 2007 The New India Assurance Company Ltd., a Subsidiary of the General Insurance Corporation of India And a company incorporated under the Companies Act, Having its regional office at 11/1, 2nd floor, Sharadaa Center, Erandwana, Pune, and one of its Divisional Office at Adalat Road, Aurangabad, Through its Deputy Manager, Shri Suhas s/o. Purushottam Purinik, Age : 52 years, .. Appellant Occupation : Service, (Original respondent r/o. C/o. The New India Assurance Co. no.3. ) D.O.No.1, Adalat Road, Aurangabad. versus 1. Eknath Namdeo Phad, Age : 44 years, Occupation : Agriculture, R/o. Dharmapuri, Taluka : Parali, Dist. Beed. 2. Parvatibai w/o. Eknath Phad, Age : 41 years, Occupation : Household, R/o. as above. (2) 3. Ram s/o. Rangnath Munde, .. Respondents Age : 35 years, (Nos.1 & 2 - Original Occupation : Agriculture & claimants, jeep owner, Nos.3 & 4 - Original R/o. Dharmapuri, respondent nos.1 & 2) Taluka : Parali, Dist. Beed. 4. K. Puglendhi Krishnaswami, .. Respondent no.4 Age : Major, deleted as per order Occupation : Transportation, dated 7-7-2009. R/o. 6, Perumal Koil Stret, Post & Dist. Perumbudur, Tamilnadu. ....................... Mr. A.B. Kadethankar, Advocate, for the appellant. Mr. S.G. Dargad, Advocate, for respondent nos.1 and 2. Respondent no.3 served (Absent). Respondent no.4 deleted as per order dated 7-7-2009. ........................ CORAM : K.U. CHANDIWAL, J. DATE : 17TH MARCH 2010 (3) COURT'S ORDER : 1. Heard the learned Counsel for the appellant and learned Counsel for respondent nos.1 and 2. None for respondent no.3 though duly served. The respondent no.4 is deleted. 2. In an unfortunate accident of head on collision of jeep and truck, insured with the same Insurance Company - appellant herein, Balaji Eknath Phad, son of the claimant, lost his life. Balaji was 19 years old. 3. The learned Judge has considered notional income of the deceased as Rs. 15,000/- annually and has deducted 1/3rd computed the same at Rs. 10,000/-. The multiplier applied as 15. This certainly was in tune with the age of the deceased, income graph and age of the claimants. The contention, that deceased Balaji to be fare paying passenger, has been defused and shattered for want of any proper evidence and the insurance of both the vehicles to be with appellant herein. Apparently, no mistake could be seen in the order of the Motor Accident Claims Tribunal. (4) 4. Consequently, I find no merit in the appeal and the same is dismissed. ( K.U. CHANDIWAL ) JUDGE ......................... bgp/fa1520