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2009 DIGILAW 1337 (RAJ)

Idd Mohammad v. P. Raghupati

2009-05-14

GUMAN SINGH

body2009
Hon'ble SINGH, J.—Heard learned counsel for the parties. 2. These appeals have been preferred on behalf of appellant-dependents of deceased for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Tonk vide judgment dated 30.3.2000 whereby a sum of Rs.1,95,000/- in claim case No.162/94, Rs.1,75,000/- in claim case No.165/94, Rs.1,95,000/- in claim case No.163/94, Rs.2,15,000/- in claim case No.164/94 and Rs.2,25,000/- in claim case No.161/94 was awarded by way of compensation for the death caused in each case in the accident. 3. The challenge in all the appeals pertains to quantum of compensation only. 4. Learned counsel for the appellantsclaimants submits that the learned Tribunal has failed to award adequate compensation as the Tribunal has assessed the income of deceased to be Rs.15,000/- on notional basis as provided under second schedule to the M.V. Act. It is also submitted that the deduction of 1/3rd amount as against own expenses is not required to be made as income has been assessed on notional basis. 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 the learned Tribunal has rightly deducted 1/3rd amount as against own expenses of deceased under second schedule to the M.V. Act. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that in all these cases, the learned Tribunal has assessed the income of deceased to be Rs.15,000/- on notional basis. Note 6 of the Second Schedule to the M.V. Act provides for assessing the notional income for computing compensation in those cases where there had been no income prior to the accident. This note is not subject to the application of the note appended to the structural formula of the second schedule to the Act for assessing the income under Sec.163-A which provides for deduction of 1/3rd as against the expenses of the deceased. This note is not subject to the application of the note appended to the structural formula of the second schedule to the Act for assessing the income under Sec.163-A which provides for deduction of 1/3rd as against the expenses of the deceased. In the instant case, as the income has not been assessed under structural formula under the schedule but only on notional basis under note 9, the aforesaid condition for deducting 1/3rd as against the expenses of deceased is not applicable for the income assessed on notional basis as the same is to be taken to be the notional income based on contribution of deceased to the family. Thus the amount deserves to be computed without deducting 1/3rd from the income assessed on notional basis as under: (i) In C.M.A. No. 1093/2000 15000x17(multiplier)=2,55,000-1,70,000 (already awarded)=85,000/- (to be additionally awarded) (ii) In C.M.A. No.782/2000 15000x16(multiplier)=2,40,000-1,60,000 (already awarded)=80,000/- (to be additionally awarded) (iii) In C.M.A. No.870/2000 15000x17(multiplier)=2,55,000-1,70,000 (already awarded)=85,000/- (to be additionally awarded) (iv) In C.M.A. No.779/2000 15000x16(multiplier)=2,40,000-1,60,000 (already awarded)=80,000/- (to be additionally awarded) (v) In C.M.A. No.780/2000 15000x17(multiplier)=2,55,000-1,70,000 (already awarded)=85,000/- (to be additionally awarded) 7. Accordingly, all the appeals of the appellants-claimants are partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.85,000/-in CMA No.1093/2000, Rs.80,000/- in CMA No.782/2000, Rs.85,000/- in CMA No.870/2000, Rs.80,000/- in CMA No.779/2000 and Rs.85,000/- in CMA No.780/2000 by way of additional enhanced compensation from the date of appeals i.e. 1.7.2000, 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.