IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL NO.2949 OF 2008. Tryambak s/o Nivrutti Jagtap. ... APPELLANT. VERSUS Smt. Kusum Ramdas Jawak and others. ... RESPONDENTS. ... Shri V.P. Latange, Advocate for Appellant. Shri A.B. Gatane, Advocate for Respondents No.1 to 5. Shri S.L. Kulkarni, Advocate for R.No.7. ... CORAM : R.G. KETKAR, J. DATE : 26th NOVEMBER, 2009. PER COURT: 1. Heard Shri Latange, learned Counsel for the appellant and Shri Gatane, learned Counsel for respondents no.1 to 5 - original claimants. 2. This appeal is directed against the judgment and award dated 2nd April, 2004 passed by the learned Member, Motor Accidents Claims Tribunal, Ahmednagar whereby the tribunal partly allowed the claim petition filed by respondents 1 to 5 and ordered the appellant - original opponent No.1 to pay Rs.1,45,400/- together with interest @ 9% per annum from the date of the application till realization of the amount. 3. By order dated 2nd August, 2008, this Court granted ad interim relief in terms of prayer clause (B) of the application on the condition of the appellant depositing 50% of the amount awarded within the period of six weeks. It is admitted position that the appellant has not deposited the amount as ordered by this Court. In view of this, the ad interim relief granted by this Court was vacated by order dated 29th April, 2009. 4. I have heard Shri Latange, learned Counsel for the appellant and Shri Gatane, learned Counsel for the respondents 1 to 5 - original claimants. 5. Admit. By consent of the parties, appeal heard forthwith. I have perused the record and proceedings of the case. 6. Before proceeding to discuss the merits of the matter, some admitted facts are that the involvement of the deceased and the offending vehicle in the accident is not disputed. So also, the driver of the offending vehicle at the time of accident was carrying marriage party in goods carrier is also not disputed. Though the appellant was served, the appellant did not file written statement and the matter proceeded ex parte against the appellant. In support of the claim petition, the respondents 1 to 5 examined the applicant Kusum who was also traveling in the same vehicle. She is an eye witness to the accident which resulted in death of her husband. The oral evidence of this witness is corroborated by the documents in the shape of complaint, spot panchanama. The tribunal accepted the evidence of the applicant Kusum and held that the claimants had proved that death of Ramdas occurred on account of the accident that took place due to rash and negligent driving of the driver of tempo. The original respondent No.3 Insurance Company raised defence of breach of conditions of the policy as the passengers were traveling in the goods vehicle. The tribunal exonerated the Insurance Company on the said count. Considering the provisions of the Motor Vehicles Act, 1988, I do not think that the tribunal committed any error in exonerating the Insurance Company. 7. As far as the quantum is concerned, the tribunal held that the deceased was 45 years of age and his monthly income was Rs.1500/-. After deducting an amount of Rs.500/- being one-third towards his personal expenses, the tribunal arrived at annual dependency at Rs.12000/-. Considering the age of the deceased as also age of the dependents, the tribunal applied the multiplier of 10.45 and on that basis, awarded compensation. Shri Gatane, learned Counsel for respondents 1 to 5 - original claimants fairly conceded that multiplier of 10 instead of 10.45 should be applied in the facts and circumstances of the case as there cannot be fractional multiplier. 8. In view of this position, the amount of compensation payable to the claimants would be Rs. 1,20,000/-. Consequently, the amount of Rs.1,25,400/- awarded by the tribunal shall stand substituted with amount of Rs.1,20,000/-. Rest of the award of the tribunal is maintained. So, the total amount of compensation payable to respondents 1 to 5 - original claimants will be as follows: (1) Rs.1,20,000/- towards compensation; (2) Rs.15,000/- towards consortium; and (3) Rs.5000/- towards funeral expenses. The total claim of respondents 1 to 5 – original claimants comes to Rs.1,40,000/- together with interest @ 9% per annum. This amount is inclusive of no fault liability amount. The appellant shall be liable to pay Rs.1,40,000/- together with interest @ 9% per annum from the date of application till realization of the amount to the Respondent Nos.1 to 5. The appeal stands partly allowed in the aforesaid terms. There shall, however, be no order as to costs. [ R.G. KETKAR, J ] ... PLK/*