1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL No. 726 OF 2010 The Maharashtra State Road Transport Corporation through its Divisional Controller, Nanded Division, Nanded .. APPELLANT VERSUS 1] Kausalyabai Pandurang Nagargoje Age 30 years, Occu. Household, R/o Brahmawadi, Tqhat Ambulga, Tq. Kandhar, Dist. Nanded. 2] Parvati D/o Pandurang Nagargoje, Age 16 years, Occu. Education, minor 3] Rohidas S/o Pandurang Nagargoje, Age 11 years, Occu. Nil, minor 4] Ganesh S/o Pandurang Nagargoje, Age 7 years, Occu. Nil, minor, 5] Manjusha D/o Pandurang Nagargoje, Age 9 years, Occu. Nil, minor, [Petitioner Nos. 2 t0 5 are minors and U/G of real mother petitioner No. 1 Kausalyabai W/o Pandurang Nagargoje] 6] Yamuna W/o Vithoba Nagargoje, Age 70 years, Occu. Nil, R/o Brahmawadi, Tahat Ambulga, Tq. Kandhar, Dist. Nanded .. RESPONDENTS ... 2 Shri M.K. Goyanka, Advocate for appellant Shri Amit Mukhedkar,Advocate for respondent Nos. 1 to 6 CORAM :- S.V. GANGAPURWALA, J. DATE : 8th SEPTEMBER, 2010. ORAL JUDGMENT: 1. The present respondents had filed claim petition under the provisions of Motor Vehicles Act, on account of the death of Pandurang Vithoba Nagargoje, who was the husband of claimant No. 1, father of claimant Nos. 2 to 5 and son of claimant NO. 6. The Tribunal has awarded compensation of Rs. 7,37,000/- and directed the present appellant to pay the said amount with interest @ 8% per annum from the date of petition. 2. The appellant assailed the said Judgment. Shri Goyanka, learned Counsel for the appellant contended that the Tribunal has committed manifest error in applying multiplier of 18, considering the fact that if deceased would have been in service, he would have retired after 18 years. According to him, the multiplier of only 10 to 11 could have been applied. He 3 further contended that the claimant No. 1 would be getting pension and also the said amount is required to be considered. 3. The learned Counsel for the respondent submitted that the multiplier applied is proper. The deceased was only 40 years of age and his remaining service was 18 years and as such would have drawn the salary till the age of retirement. He supported the Judgment of the Tribunal. 4. With the assistance of learned counsel of the parties, I have gone through the record. The Tribunal has applied the multiplier of 18, while awarding the compensation. In fact, the Apex Court has given guide lines in a case of “Sarla Verma (Smt.) & others Vs. Delhi Transport Corporation & another, reported in (2009) 6 SCC 121” that for the age of deceased between 37 to 40, the multiplier of 15 should be applicable. In view of that the multiplier of 18 as applied by Trial Court is improper, and I hold that multiplier of 15 only should be applied. 4 5. Regarding the next contention of Shri Goyanka, the learned counsel for the appellant that the applicant No. 1 would be getting pension amount, and in that view, the compensation ought not to have been awarded on the total income of the deceased. The same contention would not be sustainable for the reason that if the applicant No. 1 would have been in service, in such circumstances, increase in the salary, is required to be considered. The Apex Court has observed that when the deceased is in service, then in such circumstances, 50% more amount has to be added in the salary and in the income. However, this has not been done by the Tribunal, and as such, this argument of Shri Goyanka, regarding receipt of pension and secondly the amount should be reduced, is not sustainable. 6- In the light of the same, I partly allow the Second Appeal and pass the following order and accordingly, the order of the Tribunal is modified as under : 5 ORDER The appellant is directed to pay an amount of Rs. 6,17,000/- (Rs. Six lakh seventeen thousand) to the present respondents / claimants including no fault liability with interest @ 8% per annum, from the date of petition i.e. 05th September, 2006. The rest of the order of the Tribunal is maintained as it is. However, there shall be no order as to costs. [S.V.GANGAPURWALA,J] SDM* 726.10FA