JUDGMENT :

1. Leave granted.

2. Heard learned counsel for the parties and perused the appeal papers.

3. In respect of the injuries suffered in the accident which occurred on 12.01.2014, the appellant was before the Motor Accidents Claims Tribunal (For short` MACT’)seeking compensation. The MACT through its award dated 03.02.2017 has awarded a sum of Rs.2,11,64,806/- with interest as compensation. The Insurance Company had assailed the said judgment before the High Court contending that the quantum of compensation as awarded was on the higher side. The High Court on considering the rival contentions, through its judgment dated 28.09.2018 has reduced the compensation to Rs. 1,24,76,854/- with interest and rounded it of to Rs.1.25 Crores. It is in that light the appellant/claimant is before this Court.

4. Insofar as the nature of the injury suffered by the claimant, his employment in Singapore and the extent of disability assessed at 65%, there is no dispute. The only aspect which requires consideration in this appeal is with regard to the appropriate parameters to be applied while considering the quantum of compensation. In that regard, we note that the MACT on having taken into consideration the salary particulars has assessed the income at Rs.17,13,600/- on conversion of the amount he could earn as per his salary at Singapore. The High Court in fact has accepted the salary as indicated. However, 20% of the amount has been deducted towards `tax’. On this aspect of the matter, we see no reason to interfere.

5. The other aspect of the matter is that since the appellant was aged about 44 years at the time of the accident, the MACT while considering the compensation had applied the multiplier of `14’. The High Court though has referred to a decision of this Court and has arrived at the conclusion that a lesser multiplier could be applied, in our opinion the consideration as made therein is not justified. There is no basis whatsoever indicated to reduce the multiplier to `10’ when there was no dispute with regard to the age and the nature of disability suffered due to which the compensation to the appellant would get substantially reduced. Therefore, keeping in view the appropriate multiplier based on which it is required to be applied, we deem it appropriate that in the instant case the multiplier of `14’ is to be reckoned and the amount is to be re-calculated.

6. In that regard, we notice that the High court has rightly arrived at the net income of Rs.17,82,144/-. If the said amount is taken into consideration by applying the multiplier of `14’, the loss of earning capacity for 65% disability will work out to Rs.1,62,17,510/- as against Rs.1,15,83,936/- awarded on that head by the High Court. In our opinion the said amount is required to be awarded under the said head. Under all other heads as awarded by the High Court is approved and retained.

7. Hence, the difference of the amount would be payable by the respondent-Insurance Company with interest @ 7.5% per annum. We make it clear that while calculating the quantum of amount to be deposited, the Insurance Company would be entitled to deduct interest for 100 days being the delay in filing this appeal which was condoned. The amount shall now be calculated and be deposited before the MACT within a period of six weeks from the date of receipt of a copy of this judgment, whereupon the same shall be disbursed to the claimant.

8. The appeal is, accordingly, disposed of.