VIKAS Vs. SACHIDA NAND DUBEY

JUDGEMENT

(1.) THE Award impugned is the Award dated 25.04.2011 whereby a total compensation of Rs.1,93,000/- had been awarded in favour of the petitioner/injured who was a child victim. THE victim i.e. master Vikas had sustained injuries on 17.08.2006 in an accident; oral and documentary evidence was led; the aforenoted amount had been awarded in favour of the petitioner.

(2.) THIS appeal has been impugned on the following three grounds; it is stated that the ,,loss of matrimonial prospects, ,,permanent disability suffered by the petitioner as also the notional income calculated at Rs.15,000/- per annum was on wrong premise; even if minimum wages criteria would have been applied, the income of the child would have been more than Rs.3,000/- per month, the impugned Award not having being dealt with this contention in the right perspective and holding that the petitioner is entitled only to Rs.15,000/- per annum which was notified in the second Schedule in the year 1994; impugned Award suffers from an infirmity and is liable to be set aside.

(3.) IN the case of child a victim minimum wages have not to be taken into account and this has been held by the Apex Court in the case of R.K. Malik (Supra). IN these circumstances, notional income @ '15,000/- per annum was rightly applied; impugned Award suffers from no infirmity. Dismissed.