PARVEEN BANO Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Heard Shri Adnan Ahmad, learned counsel for the appellants and Shri Ajeet Srivastava, learned counsel appearing for the respondent no.1.

(2.) The instant appeal has been preferred under Section 173 of the Motor Vehicles Act against the award dated 22.04.2006 passed by the Additional District Judge, Court No.28, Barabanki, acting as Motor Accident Claims Tribunal in Claim Petition No.282 of 2003 whereby the tribunal has awarded a sum of Rs.1,39,500/- alongwith 5% interest.

(3.) Assailing the aforesaid award, leaned counsel for the appellants submits that the tribunal has erred in taking the notional income of the deceased as Rs.15,000/- per annum whereas it was specifically pleaded that the deceased was an expert tailor and was able to earn Rs.4250/- per month. It has further been submitted that even if at all the tribunal has adopted the notional income even then the minimum notional income which ought to have been adopted would be Rs.3000/- per month. It has further been submitted that the tribunal has erred in not taking note of the future prospects since the deceased was an expert tailor was self employed coupled with the fact that he had left behind his widow, three daughters and a son and considering this aspect of the matter, the deduction has also been made excessively whereas in light of the decision rendered by the Apex Court in the case of Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation and others reported in 2009 (6) SCC page 121, the deduction ought to have been 1/5th.