LAXMI DEVI Vs. MOHAMMAD TABBAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is filed by the widow and five children of one Rajendra Singh who died in an accident on 12.4.2004 when he was riding on his bicycle and was given a dash by the offending vehicle, a Canter Truck bearing Registration No.UA-04-1486. Rajendra Singh died on the spot.

(3.) An appeal came to be filed before the High Court by the claimants. No appeal, however, was filed by the Insurance Company or the owner of the vehicle. It was contended before the High Court that there was no basis for arriving at the notional income at Rs.15,000/- per annum and in fact the income was much more than that for which the evidence of Laxmi Devi was led. Therefore, the enhanced compensation was claimed in the appeal. As against this it was argued that the Tribunal had erred in applying the higher multiplier of 16. Reliance was placed on a reported decision of this Court in T.N. State Transort Corporation Ltd. v. Rajapriya, 2005 6 SCC 236.