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2020 DIGILAW 228 (BOM)

Praveen v. Baby Ulhahnan

2020-01-30

M.G.GIRATKAR

body2020
JUDGMENT : 1. Heard. 2. Admit. 3. With the consent of learned Advocate appearing for the parties heard finally. 4. Heard learned Advocate Ms. Monali Pathade for the appellants and learned Advocate Ms. Anita Mategaonkar for respondent no.2. 5. Short question is involved in this appeal. Boy aged about 7 years died in motor accident. The Claim Tribunal granted compensation of Rs.3,70,000/- by taking into consideration notional income of Rs.20,000/- per year. 6. Learned Advocate Ms. Monali Pathade has pointed out the judgment of Hon’ble Supreme Court in case of Kishan Gopal and another Vs. Lala and others reported in 2013 ACJ 2594 . The Hon’ble Apex Court has held that: “Deceased boy aged 10 was assisting his father in his agricultural work. Father and mother aged 36 years. Taking into consideration drastically falling rupee value, assessed notional income of the deceased at Rs.30,000/- p.a., adopted multiplier of 15 and allowed Rs.4,50,000/- plus Rs.50,000/-”. 7. As per the findings of learned Claim Tribunal in para 14, deceased was brilliant student and had bright future. Progress Report was filed on record. 8. Ms. Pathade, learned Advocate for appellants has submitted that appellant no.1 is doing business and deceased was helping his father. 9. Notional income in the Second Schedule of Section 163-A of the Motor Vehicles Act, 1988 was inserted long back. Looking to the value of rupee, the Hon’ble Apex Court now taken into consideration the notional income of Rs.30,000/- per year. In view of the judgment of Hon’ble Apex Court in case of Kishan Gopal and another Vs. Lala and others reported in 2013 ACJ 2594 , appellants are entitled for compensation of Rs.5,00,000/- along with interest of 7.5% P.A. from the date of filing petition till its realization. 10. Appeal is allowed. 11. Respondents are directed to deposit balance amount before the Motor Accident Claim Tribunal, Nagpur within a period of 2 months. 12. Accordingly appeal is disposed of with no order as to costs.