KISHANLAL Vs. HEMRAJ JAISWAL

JUDGEMENT

(1.) Heard Shri Kapil Patwardhan, learned counsel appearing for the appellants on the question of admission. This appeal has been filed by the appellants being aggrieved by the award dated 17-4-2013 passed by Xth Additional Motor Accidents Claims Tribunal, Jabalpur in MVC No. 362/2011 wherein on account of death of Durgesh in an accident the tribunal has awarded a sum of Rs. 4,01,000/- to the claimants towards compensation.

(2.) The only ground on which the award is assailed by the learned counsel for the appellants is that the Tribunal should have assessed the notional income of the deceased as Rs. 4500/- instead of Rs. 3000/-, while computing the compensation. It is submitted that a sum of Rs. 100/- has been calculated on the basis of the decision rendered by the Supreme Court in the case of Laxmi Devi v. Mohammad Tabbar & another, 2008 ACJ 1488 wherein it has been held that even for an uneducated or unskilled person a minimum income of Rs. 100/- per day should be assessed as notional income of the deceased and on that basis compensation has to be awarded. It is submitted that the aforesaid decision of the Supreme Court in the case of Laxmi Devi was rendered in the year 2008 while in the present case the accident had occurred in the year 2011. In the circumstances, the tribunal should have assessed the notional income of the deceased as Rs. 4500/- .

(3.) Having heard the learned counsel for the appellant and after perusing the impugned award it is observed that the tribunal has taken into consideration the fact that there is no evidence on record regarding income of the deceased and that the deceased was not a skilled labour and on that account has computed the notional income of the deceased as Rs. 100/- per day which cannot be found fault with in view of the decision rendered by the Supreme Court in the case of Laxmi Devi which was applicable and binding on the tribunal as on the date of the award.