JUDGMENT The appellants have filed this appeal for enhancement of compensation awarded vide award dated 22.1.97, passed in M.A. Claim Case No. 14/89 by III Additional Motor Accident Claims Tribunal, Raipur. The appellants/claimants are the parents who have lost their son aged about 16 years, a student of Class VIII, who was assisting his father by sitting on the grocery shop for earning their livelihood, who died in a motor accident on 20.4.89 by Truck No. MIT 9374, driven by respondent No. 2, owned by respondent No. 1, and insured with respondent No. 3. The Tribunal awarded Rs. 50,000/- as compensation as the appellants/claimants have failed to establish the earning of the deceased by legal evidence. The finding of rash and negligent driving causing accident, resulting in death of Onkar Prasad Sahu is not under challenge. On the other hand the respondent No. 3 as an insurer has satisfied the award. True, in the present case, the documentary evidence has not been led by the appellants to prove the earning of the deceased, but the fact remains that the deceased was aged about 16 years and was a student of Class-VIII. He besides his studies was also sitting on the grocery shop to do 'Kirana' business, to assist his father in earning livelihood. Even if no specific evidence of earning of the deceased has come on record, but that would not be suffice to deny the award of compensation. In Indian families the parents do hope that their son in old age will maintain them. Therefore, taking guidance from the Second Schedule, under section 163A of the Motor Vehicles Act, 1988, we take notional income of Rs. 15,000/- per year of a non-earning member from this 1/3rd for personal living expenses of the deceased, is deducted; the dependency would come to Rs. 10,000/-. In this multiplier of 10 is applied, the amount would work out to Rs. 1,00,000/- in that Rs. 2,000/- is added towards funeral expenses that would make total Rs. 1,02,000/- which the appellants would be entitled with interest @ 12 per cent per annum from the date of application i.e. on 24.7.89 till realisation from the respondents jointly or severally.
In this multiplier of 10 is applied, the amount would work out to Rs. 1,00,000/- in that Rs. 2,000/- is added towards funeral expenses that would make total Rs. 1,02,000/- which the appellants would be entitled with interest @ 12 per cent per annum from the date of application i.e. on 24.7.89 till realisation from the respondents jointly or severally. As the respondent No. 3 has satisfied the award, the respondent No. 3 is directed to deposit the amount as awarded by us less the amount already deposited within two months from the date of supply of certified copy. On deposit the Tribunal shall disburse the same to the appellants/claimants keeping in mind wel settled guidelines laid down by the Supreme Court. In the result, the appeal is allowed with costs. The award of the Tribunal shall stand substituted as indicated herein above. Counsel fee Rs. 750/- if pre-certified.