K. LALHRIATMAWIA Vs. ZOTHANMAWII AND ORS.

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel appearing for the appellant as well as Mr. Lalfakawma, learned counsel appearing for the respondent No. 2 i.e. New India Assurance Co. Ltd.

(2.) This appeal has been preferred by the appellant for enhancement of the compensation award by the learned Motor Accident Claims Tribunal (MACT), Aizawl in MACT Case No. 88/2012 by judgment and award dated 29.1.2014.

(3.) Mr. A.R. Malhotra, learned counsel appearing for the appellant submits that the learned MACT while making award by the judgment and award dated 29.1.2014 has calculated the Notional Income at the rate of 15,000/- per annum by applying the multiplier of 15. The learned Tribunal further proceeded by deducting 1/3rd towards maintenance and the funeral expenses as well as loss of estate were assessed at Rs. 2000/- and Rs. 2500/- respectively, totaling to an award of Rs. 1,54,500/-. It is the submission of the learned counsel appearing for the appellant that the law is already settled with regards to notional income. He submits that even if the deceased does not make any contribution to the family, the learned Tribunal have taken the Notional Income of the deceased as Rs. 30,000/-. He further submits that the deduction of 1/3rd against maintenance is also not applicable in the present case and the funeral expense as well as the loss of estate is also much less, considering the decision of this Court as well as the Apex Court in a catena of cases.