T.R. Ramachandran Nair, J.

The appellant in M.A.C.A No.735 of 2014 is the Insurance Company and the claimants have filed the Cross Objection.

2. We heard the learned Senior Counsel for the appellant Sri Mathews Jacob and Sri Mathew John for the claimants.

3. The claimants namely 4 in number are respectively the widow, minor children and the mother of late Sri Remy Thomas, who died in a motor vehicle accident. The accident occurred in Mumbai town at 6.45 p.m. on 20.10.2009 while he was riding MH-02/AT-4656 motorcycle.

4. When the motorcycle reached near LBS Marg in front of Jain Mandir bus stop, a Taurus Truck bearing Reg. No. MH- 04/CP-8222 came from the back side and hit on the motorcycle. As a result of it, the deceased Remy Thomas fell down and sustained fatal injuries. The Truck ran over the body of the deceased. The vehicle was being driven by the 2nd respondent before the Tribunal and the 1st respondent before the Tribunal is the registered owner of the vehicle. A total amount of Rs. 1,10,00,080/- was claimed by the claimants under various heads.

5. The deceased was working in a Multinational Company, namely, `Polaris Software Lab Ltd.' as a Senior Project Head. He had completed his M.C.A degree from Bharatiyar University. Initially he joined Virat Datatech Pvt. Ltd., Mumbai in the year 1998 and he joined Polaris Software Ltd. in the year 2000. He was working as a System Engineer. It is also claimed that he had secured rating as "outstanding".

6. The monthly salary claimed as on the date of death was Rs. 58,306/-.The Tribunal, going by the award passed, adopted the multiplier of 13 and the loss of dependency was calculated at Rs. 76,64,280/-. Rs. 1 lakh was granted towards loss of consortium to the widow. As far as the head under loss of love and affection for the two minor children, Rs. 75,000/- each was granted. Rs. 25,000/- was awarded towards funeral expenses and Rs. 10,000/- towards loss of estate. For the special damages, Rs. 50,500/- was granted which represent the expenses for bringing the dead body to his native place etc. Accordingly, an amount of Rs. 80,00,000/- was granted as compensation with interest @ 7.5% per annum from the date of petition namely 20.10.2009 till the date of payment. Proportionate cost has also been awarded.

7. The learned Senior Counsel for the appellant Insurance Company Sri Mathews Jacob mainly raised five contentions. It was contended that as regards the salary obtained by the deceased, except the evidence of PW1 the widow, no one has been examined to prove the crucial documents. It is therefore submitted that the Tribunal has wrongly determined the multiplicand. It is further submitted that even going by the salary certificate Ext.A18, the amount will be Rs. 49,779/-. But the monthly salary has been taken as Rs. 58,306/- going by para.13 of the judgment. A further amount representing 50% of the income has been awarded towards future prospects of the deceased. It is submitted that after taking the total annual income certain amounts have been deducted towards income tax and the multiplicand was fixed accordingly, which is not justified being an incorrect method.

8. Apart from the same, the learned Senior Counsel submitted that when the multiplicand is so high, the Tribunal should have balanced the total award amount by fixing it, in accordance with the general principle, i.e. just and fair compensation. In that context, the learned Senior Counsel relied upon the decision of the Apex Court in United India Insurance Co. v. Patricia Jean Mahajan [2002(3) KLT S.N 52 (C.No.73) SC] and submitted that thereupon a lesser multiplier ought to have been taken by the Tribunal. Lastly the learned Senior Counsel submitted that the cost awarded is also excessive. It is also submitted that the deduction towards personal expenses at ?rd was done correctly. It is submitted that the mother of the deceased cannot be said to be a dependent.

9. In answer to the above contentions, the learned Counsel for t