1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.62 OF 2010 with CIVIL APPLICATION NO.629/2008. National Insurance Company Ltd.,Aurangabad. - APPELLANT VERSUS Ankush Kaduba Doiphode & Ors. - RESPONDENTS ***** Mr.D.V.Soman,Advocate for Appellant; Mr.B.V.Dhage,Advocate for Resp.Nos. 1 & 2; Mr.S.S.Kazi, Advocate for Resp.Nos.3 & 4. ----- CORAM : K.U.CHANDIWAL, J. DATE : 22nd February, 2010. PER COURT : 1) Heard learned Counsel for the parties. Respondent Nos. 5 & 6 served, however, absent. 2) In an unfortunate accident, while the deceased, one and half years, was in the lap of 2 her mother, owing to jerk to the Ape rickshaw, she fell down and was crushed by ST bus coming behind. The bus driver was allegedly found to be negligent as the bus was in excessive speed, not permissible at the road, which is prone to accident. The learned Chairman, MACT Aurangabad, on analyzing the entire evidence, found that the bus driver was in a high speed coming from back side and ran over the deceased daughter – Jyoti. In spite of all these aspects, the learned Chairman of MACT, without assigning cogent reasons, fixed the liability to be shared 50% by the bus driver and owner of the bus and also to the Ape Auto rickshaw owner, driver and its insurance company. 3) The factual details of the accident enumerated herein above, project though the deceased was in the lap of her mother, it was jerk, due to which, she being loosely sitting fell down. The liability, if any of the Ape auto rickshaw driver will not be 50%, but it was only 3 to the extent of 40% (forty percent) and the rest of the liability will have to be shared by the respondents, bus driver and owner of the bus. 4) The learned Chairman, while considering the application of multiplier and the compensation, has referred in paragraphs 14, 15 and 16, that the age of mother of deceased, being 24 years, the multiplier would be applicable as 17 (seventeen) and considering the age of deceased to be 1 ½ years, a non-earning member, he computed the same at notional annual income at Rs.15,000/-, deducted 1/3rd as personal expenses, reached to the conclusion that the notional income of the deceased to be Rs.10,000/- and multiplied it by 17. This exercise of the learned Chairman, is not recognized and approved, as has even been clarified by the Apex Court in the matter of Kaushalya Devi Vs. Karan Arora and Ors. ( AIR 2007 SC 1912 ). The Apex Court in paragraph 11 indicated as above and consequently in the cases of death of infants, the Apex Court 4 considered the larger issue, fixed the compensation at Rs.1,00,000/-, in particular in the said case, it was a death of 14 years old boy in motor accident. In the present case, though the parents lost their beloved 1 ½ years old daughter, however, the learned Judge certainly erred in applying the notional income at Rs. 15,000/- and death, making application of multiplier of 17, corresponding to age of the claimants. This exercise is not warranted in the facts of the case. 5) In the result, the appeal partly allowed. The order of learned Chairman, MACT, Aurangabad, granting compensation of Rs. 1,80,500/- is reduced to Rs.1,00,000/- with same interest. The liability of the driver, owner and insurance company of the Ape Auto rickshaw, i.e. Appellant/insurance company; Respondent nos. 3 and 4, is to the extent of 40% while the responsibility to meet the claim will be 60%, to be shared by Respondent no.5 – driver of ST bus 5 and Respondent No.6-MSRTC. No costs. CA disposed of. (K.U.CHANDIWAL) JUDGE bdv/fa62.10