DILIP Vs. RAAHBHAI

JUDGEMENT

(1.) The miscellaneous appeal under section 173(I) of the Motor Vehicles Act, 1988 (for short 'the Act')is directed against the award dated 27.01.2017 passed in claim case No.115/2014 by Additional Member, Motor Accidents Claims Tribunal Alirajpur.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 14.06.2014, the deceased(Nanki, a minor ) going from village Kalikhetar to Village Amreli in Toofan Jeep alongwith her family members met with an accident near Sojatra Aanad Road as the Container Truck bearing No. GJ 07 YY 1798 rashly and negligently driven by respondent no.1 hit the Toofan Jeep, as a result, the deceased suffered grievous injuries on various parts of the body and died on the spot.

(3.) Learned counsel appearing on behalf of the claimant submits that at the time of incident, the deceased was six years of age. Therefore, the Tribunal has committed illegality fixing income of the deceased as Rs. 15,000/-(notional income). The Hon'ble Supreme Court for the death of child of 10 years died in the accident occurred in the year 1992 has assessed notional income as Rs. 30,000/- p.a.in the case of Kishan Gopal and another Vs. Lala & Ors reported in 2013 ACJ 2594. Hence, the finding in that behalf deserves to be set aside and just compensation be awarded.