JUDGMENT : Servesh Kumar Gupta, J. 1. Both these appeals are inter-connected together and assail the same judgment and order dated 30.08.2010 rendered by the Tribunal in MACP No. 146 of 2008, hence are being taken up together for adjudication by this common verdict. 2. AO No. 423 of 2010 has been filed by the claimants for enhancement of the award while insurance company, by way of filing Cross Appeal No. 02 of 2011, has challenged the quantum of compensation, which has been granted by the Court below. 3. Deceased was Smt Dilbari, who lost her life in the accident, which occurred on 03.07.2008 at 1:00 PM by Mini Bus No. UA-04-A-0397 and it has not been denied by the insurance company. 4. Other relevant aspect raised by the insurance company regarding validity of driving license has already been discussed by this Court on 12.08.2016 rendering its judgment in several appeals clubbed together, which had arisen out of the same accident. Verdict of this Court in AO No. 37 of 2012 and other appeals shall also remain the part of this judgment except for quantum of compensation. 5. Learned counsel for the dependants has contended that since Smt. Dilbari used to earn the money by sewing and artisan activities, so the notional income of Rs.36,000/- should have been taken into consideration instead of Rs.15,000/- as has been assessed by the Court below. 6. I do not agree with this contention for the reason that the age of deceased’s husband Sri Aslam Shah, who is also one of the claimants, is 50 years and he has as much as five children including four sons, who are running in the age group of 17, 15, 14 and 8 years respectively. No evidence much less credible has been brought on the record to show the calling of the deceased as has been pleaded in the petition, otherwise also, it can be discerned that such a home working lady, who had the responsibility to look after as many as five growing children in addition to her husband could have spared the time for sewing and other artisan works to earn for livelihood of the family. The responsibility to earn the livelihood of the family was on the competent and healthy able bodied father Sri Aslam Shah.
The responsibility to earn the livelihood of the family was on the competent and healthy able bodied father Sri Aslam Shah. At the most, he could have assisted in such earning by his growing children running in the age of 17, 15 and 14 years but certainly not by Smt. Dilbari. So, in such matters, as per law laid down by Hon’ble Apex Court in the case of Smt. Manjuri Bera v. Oriental Insurance Co. Ltd. & Another, 2007 (2) TAC 431 (SC), such legal representatives, who are not the dependants on the deceased, are entitled for compensation, as has been envisaged under Section 140 of M.V. Act, i.e. for the amount of Rs.50,000/-. 7. I modify and reduce the award to the tune of Rs.50,000/- from Rs.1,30,750 and dismiss the AO No. 423 of 2010 filed by the claimants and allow the Cross Appeal No. 02 of 2011 filed by the insurance company. 8. Rest of the amount, granted by the Tribunal on other scores, if any, is not disturbed by this Court. 9. The compulsory statutory amount, if lying in the Registry, shall be remitted back to the Tribunal concerned. The excess amount, if any found, shall be returned to the insurance company. 10. Let a certified copy of this judgment along with LCR be sent back to the Tribunal concerned for information and compliance.