NEW INDIA ASSURANCE CO LTD Vs. VIBHA SENGAR

JUDGEMENT

(1.) We have heard learned counsel for the appellant Mr. K.L. Grover. In this case, the claimants are parents of deceased Deepak Kumar, aged 12 years, a student. The claimants are father and mother of the deceased and a compensation of Rs. 1,50,000 has been awarded by the Motor Accidents Claims Tribunal, Kanpur Dehat/IX Additional District and Sessions Judge, Kanpur Dehat by impugned award and judgment dated 4.11.1999 in Claim Case No. 160 of 1997. The correctness of the impugned award is challenged by Mr. Grover on the sole ground that the deceased being a boy of 12 years, could not have been in a position to get any employment, therefore, no income should be calculated for computing the compensation, the notional income given under item No. 6 in the Second Schedule to Motor Vehicles Act, 1988 is interpreted by Mr. Grover in the way that if a citizen who had capacity to earn something but had got no source of income, then only this notional income applies.

(2.) We, after careful consideration of this argument, do not find any merit in it. The word used in the Second Schedule, item No. 6, covers all persons whose income is not disclosed in the claim petition or not satisfactorily proved before the Tribunal, and all persons who are not earning anything are covered by this notional income clause of the Second Schedule. It is to cover cases of persons who die in motor accident and whose income is not shown through any source. Children of the age group of the victim in this case or of any other age group are also well covered by this item No. 6 of the Second Schedule for computing compensation. Accordingly, this argument of Mr. Grover is rejected. In the present case, the Tribunal applied correct multiplier of 15 and after deducting 1/3rd from the notional income for expenses on the victim, it has been rightly calculated at Rs. 1,50,000 only as the compensation awarded in the present case.

(3.) The factum of death of Deepak Kumar in the motor accident caused by Tata Sumo jeep DL TEMP/E-0020 and Telco Tempo MH 12-0822 has been found by the learned Tribunal after discussing the oral evidence of the claimant as well as report of the accident recorded in the police station giving rise to Crime Case No. 170 of 1996 under sections 279/304-A, Indian Penal Code. This fact has been concluded by the finding of the learned Tribunal, which in our opinion, is perfectly correct and justified.