RAMDEV AGRAWAL Vs. RAJKISHORE

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is before this Court seeking enhancement of the compensation as against the amount awarded by the Motor Accident Claims Tribunal (for short 'MACT') through the award dtd. 18/10/2004, which was marginally enhanced by the High Court through its judgment dtd. 14/3/2016. Keeping in view the fact that the issues relating to the accident having occurred on 8/9/1999 and the wife of the first claimant who is the mother of the claimants 2 and 3 had died in the said accident is not in dispute, we need not advert to those aspects of the matter.

(3.) The only issue for consideration in this appeal is with regard to the quantum of compensation. The appellant had contended that the deceased who was aged 29 years was preparing household items for sale and was also working in the photo studio. It is in that light the appellant had contended that the deceased was earning a sum of Rs.5,000.00per month. The Tribunal as well as the High Court on noting that there is no evidence available on record has erroneously adopted the notional income as contained in the Schedule to the Motor Vehicles Act. In a matter of the present nature where the claim petition was filed under Sec. 166 of the Motor Vehicles Act, the Notional income on a monthly basis was required to be taken note and thereafter the compensation should have been determined. Since that has not been done we propose to re-determine the compensation through this order by taking the monthly notional income.