The main legal point established in the judgment is the application of the multiplier, determination of monthly income, and loss of consortium in motor accident compensation cases.

JUDGMENT

V.M. Deshpande, J. - On 21-2-2020, this Court (Coram : M.G. Giratkar, J.) had issued notice for final disposal of this appeal at the stage of admission itself. Accordingly, the appeal is taken up for final hearing at the stage of admission.

2. Admit.

3. Shri Rohan Chhabra, learned counsel, waives service of notice for respondent No.2.

4. The record and proceedings are before this Court, since those were called as per the order dated 21-2-2020.

5. One Vaibhav Wagh lost his precious life in a vehicular accident that took place on 11-5-2017 at Gimona Phata, Babhulgaon, on Babhulgaon-Yavatmal Road due to dash given to his motorcycle, having registration No.MH-29/AS-8613 by the Maharashtra State Road Transport (MSRTC) bus, having registration No.MH-40/N-8928. His widow; son, who is aged about 3 years, and his parents filed a claim petition before the Motor Accident Claims Tribunal, Yavatmal, which was registered as M.A.C.P. No.79 of 2017, praying for compensation of Rs.54,00,000/-, but they restricted their claim to Rs.21,00,000/-.

6. One Ramkrushna S/o Mahadeorao Mandale was the bus driver. Though he was served, he failed to appear before the Tribunal and, therefore, the claim petition was proceeded ex parte against him. The MSRTC filed the written statement at Exhibit 14. As per the written statement, deceased Vaibhav was also contributed the accident. In view of the rival pleadings, the Tribunal framed various issues. The claimants examined in all four witnesses. Nobody entered into the witness-box on behalf of the MSRTC. The Tribunal has partly allowed the claim petition and directed the driver and the MSRTC to pay the amount of Rs.11,25,200/-, exclusive of the payment under Section 140 of the Motor Vehicles Act, 1988, along with interest at the rate of 9% per annum from the date of the petition till its realization. The Tribunal has also directed that out of the said amount, an amount of Rs.5,00,000/- be given to the claimant No.2, an amount of Rs.3,25,200/- to the applicant No.1, and an amount of Rs.1,50,000/-each to the claimant Nos.3 and 4. The Tribunal has also directed that the amount payable to the claimant No.2 be kept in fixed deposit receipts in any nationalized bank in his name, showing the claimant No.1 as his natural guardian till he attains majority. The claimant No.1 was found to be entitled to withdraw the periodical interest accrued on the said amount for maintenance of the claimant No.2.

7. Being dissatisfied with the quantum of compensation that was determined and awarded by the Tribunal, the appellant-claimants have approached this Court by way of this appeal.

8. Heard Shri Vivek Awchat, learned counsel for the appellant-claimants; and Shri Rohan Chhabra, learned counsel for respondent No.2- MSRTC. Respondent No.1- Driver of the bus, has chosen not to file the vakalatnama of any Advocate and as such he remains unrepresented even before this Court.

9. The learned counsel for the appellant-claimants pointed out that the Tribunal has applied the multiplier of 16. His submission is that by applying the said multiplier, the Tribunal has committed an error. According to him, instead of multiplier of 16, the same should have been 17.

10. Another limb of argument of the learned counsel for the appellant-claimants is that the monthly income of the deceased was assessed by the Tribunal at lower side. He also submitted that the less amount is paid towards consortium. It is also his submission that for determining the monthly income at lower side, the Tribunal has given a reasoning that even after the death of Vaibhav, his agricultural land and milk business are there. He, therefore, submitted that the present appeal be allowed.

11. Per contra, the learned counsel for respondent No.2- MSRTC has supported the reasoning given by the Tribunal and prays for dismissal of the appeal.

12. In view of the rival submissions made