1 961 FA 1693-17 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 961 FIRST APPEAL NO. 1693 OF 2017 SANTOSH GOPALRAO DESHMUKH AND ANR VERSUS PRATIBHA NANDALAL VARMA I.E. PRATIBHA SURESH VARMA AND ANR ... Mr. Choudhari Sushant B., Advocate for Appellants Mr. S. R. Bodade, Advocate for Respondent No.2 …. CORAM : SANDIPKUMAR C. MORE, J. DATED : 07/02/2025. P. C. : 1. Heard rival submissions. 2. The appellants, who are the original claimants in MACP No.36 of 2016, has challenged the judgment and award passed therein on 21/12/2016 by the learned Chairman, MACT, Aurangabad (hereinafter referred to as ‘the learned tribunal’) for enhancment of the compensation. 3. The only question involved in this appeal is application of wrong multiplyer by the learned tribunal. The learned tribunal has applied the multiplyer of 13 considering the average age of the applicants, who are parents of the deceased. However, now it is settled position that the multiplyer applicable for computing the compensation should in respect of the age of deceased. Here in this matter, the deceased was aged about 2025:BHC-AUG:3577 2 961 FA 1693-17 28 years at the time of accident and therefore, multiplyer of 17 will be applicable in the present case. 4. The learned counsel for the appellants / claimants submitted fresh calculation in respect of the compensation by applying multiplyer of 17. The learned counsel for the respondent No.2 insurance company did not dispute about the application of multiplyer of 17. However, he submits that once the consortium is awarded then there cannot be any compensation under the head of love and affection. 5. As such, the amount of compensation to which the present appellants are entitled is computed below: 1. Monthly wages 50% future prospectus Total monthly income After 50% deduction Multiplier Loss of depensency Rs.9859 Rs 4929.50 Rs.14788.50 Rs.7394.25 17 7394.25 X 12 X 17= Rs.15,08,427/- 2. Consortium Rs.80,000/- 3. Loss of estate Rs.15,000/- 4. Funeral expenses Rs.15,000/- Total Rs.16,18,427/- Thus, the appellants / claimants are now entitled for compensation of Rs.16,18,427/- inclusive of NFL amount. The respondent Nos.1 & 2 jointly and severally, shall pay the aforesaid amount of compensation to the appellants / claimants alongwith the interest @ 6.5% p.a. from the date of claim petition till its realization only to the extent of enhanced amount of compensation. 3 961 FA 1693-17 6. It appears that respondent No.2 insurance company has already satisfied the award by paying the compensation granted by the learned Tribunal. As such, the amount, which is already deposited by the respondent No.2 – insurance company earlier, be deducted from the aforesaid enhanced compensation and the remaining amount be deposited within a period of 8 weeks in this court. On deposit of the enhanced amount of compensation, the applicants / appellants are permitted to withdraw the same alongwith accrued interest thereon. Award be prepared accordingly. Appeal is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-