PARAMESWAR PRASAD LAGARI Vs. DEBOJYOTI SARMA

JUDGEMENT

(1.) This appeal for enhancement of compensation has been filed by the claimants, who are the children of the deceased and is directed against the award dated 28.10.2006 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala, in T.S. (MAC) 524 of 2003, whereby he awarded a sum of Rs. 1,32,000/- in favour of the claimants.

(2.) The undisputed facts are that late Khumi Lagari and her husband late Sukdeb Lagari were both travelling in a motor vehicle which met with an unfortunate accident. Khumi Lagari died on the spot and her husband died a few days later.

(3.) We are only concerned with the application for compensation moved by the children in respect of death of Khumi Lagari. The children of Khumi Lagari filed this petition under Section 163 A of the Motor Vehicles Act. The claimants in the claim petition assessed the notional income of the deceased at Rs. 2,471/- per month since her husband was earning Rs. 7,414/- per month. The reason for doing so was that in terms of clause 6 of the 2nd schedule to the Motor Vehicles Act, 1988, in cases of notional income for compensation to those who had no income prior to the accident, the learned Tribunal can take the income at Rs. 15,000/- per month in case of non-earning persons but in the case of spouses it is mentioned that 1/3rd of the income of the surviving spouse should be taken into consideration.