1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 922 OF 2010 Gautam s/o. Shankar Gaikwad, Age 36 yrs., Occu. Contractor, R/o. Sidharth Society, Boudh Nagar, Latur, Tq. and Dist. Latur. ....Appellant. ( Orig. Claimant) Versus 1. Vidhayadhar s/o. Ganesh Naik, Age 36 yrs., Occu. Busienss, R/o. Pratapnagar, Deeplaxmi, Buld. No. 2 Tenament -32, Pantnagar Ghatkopar, Mumbai. 2. Rameshawar s/o. Bandappa Kshirsagar, Age 36 yrs., Occu. Business, R/o. Borgaon Kale, Tq. & Dist. Latur. 3. Mahboob s/o. Kasim Ali, Age 36 yrs., Occu. Driver, R/o. Sangamnagar, 4/68, Wagle, Mumbai - 37 (Deleted) 4. Hanmant s/o. Vithal Dhole, Age 36 yrs., Occu. Driver, R/o. Borgaon ( Kale), Tq. & Dist. Latur. 5. The New Assurance Co. Ltd. Through it's Manager, Chandranagar, Latur. ....Respondents. Shri. V.D. Gunale, Advocate for appellant. Shri. S.D. Karkare Advocate h/f. Shri. S.W. Mundhe, Advocate for respondent No. 2. Shri. P.C. Mayure, Advocate h/f. Shri. S.G. Chapalgaonkar, Advocate for respondent No. 5. 2 CORAM : K.U. CHANDIWAL J. DATE : 29th April, 2010 ORAL JUDGMENT : 1. Heard finally. Admit. The point involved does not warrant calling for record and proceedings. 2. The unfortunate death of claimant's son aged 10 years studying in 5th Standard while travelling in the bus came in contact with offending vehicle resulting in the accident, was subject of claim petition under section 166 of the Motor Vehicles Act for an amount of Rs. 5,00,000/- (Rs. five lacs). 3. The learned Judge on evaluation of the evidence assessed the loss at Rs. 1,50,000/- (Rs. one lac fifty thousand) and passed the award dated 5th of July 2007. Though the learned Judge has not shown to have applied multiplier as was expected from him, however, the learned Judge was conscious of the legal position and accepted notional earning source, loss including mental shock suffered by the family members, the academic quality of deceased, were also considered. 4. In terms of section 163-A of the Motor Vehicles Act the multiplier is provided. The uncertainties which are looming large in the case of a minor, studying in middle class at the age of 10 years, could not be 3 projected to accept claim of Rs. 5,00,000/- (Rs. five lacs). The award of the learned Judge does not suffer from any infirmity, warranting any interference. First Appeal dismissed. No costs. [ K.U. CHANDIWAL J.] ssc/fa922.10