VISHVANAND PRASAD Vs. SANJAY MISTRY

JUDGEMENT

(1.) Heard Sri Rajesh Kumar, learned counsel for the appellants, Sri Ashok Priyadarshi, learned counsel, who has appeared on behalf of respondent nos. 3 & 4/

(2.) The present appeal under Section 173 of the Motor Vehicle Act (hereinafter referred to as "M.V.Act") has been preferred by the claimants/appellants against the Judgment dated 30-03-2010 and Award dated 19-04-2010 in Claim Case No. 80 of 2008 passed by the learned Additional District Judge-XI, Patna (hereinafter referred to as "Addl. District Judge"), whereby, the learned Addl. District Judge has directed the respondent nos. 3 & 4 (National Insurance Company Ltd.) and 7 & 8 (Oriental Insurance Company Ltd.) to pay total compensation amount of Rs. 1,54,500/- after deducting interim compensation amount i.e. Rs.50,000/- already paid in view of Section 140 of the M.V.Act. The compensation amount is to be distributed equally by both the respondents.

(3.) The appeal has primarily been filed by the Claimants/appellants for enhancement of the compensation amount. In this case, only plea for enhancement of compensation amount has been taken is that amount of notional income instead of Rs. 15,000/-, as prescribed in Schedule-lI of the M.V.Act, was required to be treated as Rs. 36,000/- per annum in view of judgment of the Hon'ble Apex Court, Laxmi Devi and Others V/s. Mohammad Tabbar, 2008 12 SCC 165. It was submitted that in the present case, accident had occurred in the year 2006, whereas Rs.15,000/-, as notional income was introduced in Schedule-ll of the M.V.Act long back in the year 1994 and as such, minimum Rs.36,000/- was required to be taken as notional income.