PARAMESWARAN Vs. SUNNY GEORGE

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel appearing for the appellants and learned counsel appearing for the second respondent. This appeal arises out of a claim filed by the appellants under Sec. 166 of the Motors Vehicles Act, 1988. The wife of the first appellant and mother of the second and third appellants died in the accident. The deceased was a home maker. The issue is what should be the notional income taken of the deceased for the purposes of calculating multiplicand. The law on this aspect is well settled by this Court in the case of Kirti vs Oriental Insurance Company Limited,(2021) 2 SCC 166. This Court has held that in case of a home maker, a reasonable amount has to be taken as a notional income. This Court held that concept of just compensation has to be kept in mind while deciding the notional income of home maker.

(3.) In the present case, the accident is of the year 2016. Therefore, in the facts of the case, we are of the view that a sum of Rs.12,000.00 per month can be taken as a notional income. The real dispute between the appellants and the insurer was regarding the notional income. We resolve the dispute by fixing the notional income as Rs.12,000.00 per month.