Reliance General Insurance Compnay Ltd.Through Its Manager, Mr.Priyanka Shah v. Shri Jitendra Satyanarayan Tiwari And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.675 OF 2018 Reliance General Insurance Co. Ltd.

Through its Manager, Mr. Priyank Shah having its office at 4th floor, Chintamani Avenue, Off. Western Express Highway, Near Virwani Industrial Estate, Goregaon (East), Mumbai 400 063.

) ) ) ) ) ) ) Appellants (Ori. Opp. Party No.2)

Versus

Jitendra Satyanarayan Tiwari Age : 49 years, Occ. LiC Agent (Father of the deceased) ) ) ) Sumitra Jitendra Tiwari Aged about 43 years (Mother of the deceased) Occ-Housewife, Residing at R Panvelkar Nagari A/12, Behind Old Palika, Patil Pada, Station Road, Kulgaon, Badlapur (East), Dist-Thane.

) ) ) ) ) ) ) ) Respondent Nos.1 and 2 being original applicants Mr. Rajik Kalandar Khan House No.1159/15, Mass Sherwali Complex, Khalher, Taluka-Bhiwandi, Dist-Thane, (Owner of the Motor Tempo Bearing No.

MH-04-DK-920) F.A. stand dismissed as against respondent No.3 vide order dated 17/12/2018.

) ) ) ) ) ) ) ) ) Respondent No.3 being original opp.

Party No.1.

Mr. Rajesh Kanojia along with Ms. Deepika Prabhala i/b. Res Juris, Advocates for the Appellant.

CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.12.12 11:52:54 +0530 DATE : 5th DECEMBER, 2023.

SHUBHADA SHANKAR KADAM 1/3

ORAL JUDGMENT :

1.

The issue involved in this appeal is application of wrong multiplier while calculating the compensation. 2.

It is the contention of learned counsel for the appellant that the Tribunal has applied multiplier of 18 as per the age of deceased while calculating compensation, it should have been the multiplier as per age of parents of the deceased. Hence, requested to allow the appeal. 3.

I have heard learned counsel for the appellant, perused the judgment and order passed by Motor Accident Claims Tribunal, Thane (for short "the Tribunal").

4.

It is the contention of learned counsel for the appellant that multiplier of parents of deceased should have been applied while calculating compensation. It is settled position of law that multiplier as per the age of deceased shall be applied. Accordingly, the Tribunal has applied multiplier of deceased. I do not find any infirmity in it. The appeal is devoid of merit. I pass following order :

O R D E R

1.

The appeal is dismissed. No order as to cost. 2.

The respondent Nos.1 and 2/claimants are permitted to withdraw the deposited amount along with accrued interest thereon.

2/3

3.

The statutory amount along with interest accrued thereon be transmitted to the Tribunal. The parties are at liberty to withdraw it as per Rule.

5.

Pending applications, if any, stand disposed of. (SHIVKUMAR DIGE, J.) 3/3