JUDGMENT 1. - Both the learned Counsel for the parties agreed for final disposal of the appeal at admission stage. Heard learned Counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Rameshwar Lai for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Neem Ka Thana vide judgment dated 4th July, 2003 whereby a sum of Rs. 1,68,000/- was awarded by way of compensation for the death of deceased in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned Counsel fort the appellant submits that the learned Tribunal has failed to award adequate compensation as it has deducted l/3rd as against the expenses of deceased while the income of the deceased was assessed on the notional basis under Second Schedule to the M.V. Act to be Rs. 15,000/- per annum and, as such, deduction should not be made as the deceased is survived by old parents and his wife. 5. Per Contra, learned Counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is further submitted that second schedule to the M.V. Act provides for l/3rd deduction. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased was 20 years of young man and the learned Tribunal has found him to be studying at the time of accident. The deceased has survived not only by his parents but also by wife. Under the second schedule to the M.V. Act, l/3rd amount is to be deducted if the amount is to be calculated on the basis of structural formula provided therein so as to adopt appropriate multiplier commensurating with the age of deceased person. But, as evident from the Second Schedule itself, the note appended to the aforesaid schedule does not qualify Note No. 6 wherein compensation is to be assessed for non-earning person on notional basis. Under the Schedule, the notional income of Rs. 15,000/- is required to be taken into consideration for non-earning person and thus there is no requirement under the Second Schedule to deduct l/3rd from such income.
Under the Schedule, the notional income of Rs. 15,000/- is required to be taken into consideration for non-earning person and thus there is no requirement under the Second Schedule to deduct l/3rd from such income. Thus, the finding of learned Tribunal on deducting l/3rd from the notional income of non-earning person, cannot be sustained and same is set aside. Hence, the amount can be calculated as under: 15,000 x 16 = 2,40,000 - 1,60,000 (already awarded) = 80,000/- (to be additionally awarded.) 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs. 80,000/- by way of additional enhanced compensation from the date of appeal i.e. 27th September, 2003 with 6% interest to be paid within three months. Thereafter interest shall be paid @ 9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith.Appeal allowed. *******