JUDGMENT : The appeal has been preferred against the award dated 2.4.2016 of the Motor Accident Claims Tribunal whereby a sum of Rs. 13,92,000/- has been awarded to the claimants with 7% simple interest from the date of filing of the claim petition till its payments. 2. The only argument raised by learned Standing counsel so as to challenge the validity of the aforesaid award is that the tribunal has manifestly erred in taking Rs.9,000/- per month as the income of the deceased in the absence of any documentary evidence to prove the same as the basis for determining the compensation. 3. The deceased was a Software Engineer in Electronic Communication. In respect of his aforesaid qualification his mark sheets were brought on record. It was stated that he was working in PINC Packaging Private Limited, Hardwar, Uttarakhand and was drawing a salary of Rs. 30,000/- but we find that no such evidence was adduced to prove his income. The tribunal therefore on the basis of his technical qualification possessed by the deceased held that he could have easily earned Rs. 9,000/- per month took it to be his notional income for the purposes of determining the compensation. 4. In this regard it has placed reliance upon a decision of the Delhi High Court reported in 2014 (4) ACCD 2011 Rajvir Singh and others Vs. National Insurance Company and other where in the similar circumstances a person aged about 23 years with MBA decree was held to be drawing Rs. 9,000/- per month in the absence of proof of the income. 5. Schedule 2 to Section 163-A of the Motor Vehicles Act provides for a maximum of Rs. 15,000/- per annum as the notional income of a person who is unemployed or is self employed with no proof of income. In AIR 2008 SC 1858 Luxmi Devi Vs. Mohd. Tabbar it was observed that this notional income was prescribed in the year 1994 and therefore if in the present times the High Court takes the maximum notional income to be Rs. 3,000/- per month or Rs. 36,000/- per annum, it commits no illegality. Thus, notional income of Rs. 36,000/- per annum was approved by the Apex Court. 6. The aforesaid notional income of Rs. 3,000/- per month or Rs.
3,000/- per month or Rs. 36,000/- per annum, it commits no illegality. Thus, notional income of Rs. 36,000/- per annum was approved by the Apex Court. 6. The aforesaid notional income of Rs. 3,000/- per month or Rs. 36,000/- per annum is in respect of an unemployed person with no technical qualification or of a skilled labourer which can not be applied to cases where the person is highly qualified and possesses technical qualification and is capable of earning much higher salary. 7. In view of the above, following the decision of the Delhi High Court as referred to by the tribunal we find that no illegality has been committed by the tribunal in treating the notional income of the deceased to be Rs. 9,000/- per month. 8. No other point has been raised or argued before us and thus we find no merit in the appeal and it is dismissed.