VIDHYADEVI AHIRWAR Vs. DHARMENDRA RAJAK

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 (hereinafter shall be referred to as the Act of 1988) challenging the award dated 27.09.2018 passed by the Court of Motor Accident Claims Tribunal, Datia in Claim Case No.41/2018.

(2.) It is submitted that Claims Tribunal has erred in considering the income of the deceased at the rate of Rs.4,000/- per month against the established income of Rs.7,982/- (Rs.8000/- for the sake of convenience), which were the minimum wages for a semi-skilled labourer on the date of the accident i.e. 03.01.2018. It is submitted that if such income would have been taken for the deceased, then there would have been substantial enhancement in the award amount. It is also submitted that a meager sum of Rs.15,000/- has been awarded under the head of loss of estate taking into consideration table provided under Section 163-A of the Act of 1988 and a sum of Rs.15000/- under the head of last rites.

(3.) Learned counsel for the insurance company on the other hand submits that Claims Tribunal has erred in making an addition of 50% to the notional income of the deceased, whereas in the light of law laid down by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi as reported in AIR 2017 (16) SCC 680 since the deceased was self employed or on a fixed salary in addition of 40% of the established income is permissible and not to the tune of 50%.