MOHAN LAL Vs. ARVIND KUMAR

JUDGEMENT

(1.) This appeal is directed against the award dated 10.06.2003 passed by Motor Accident Claims Tribunal (Additional District Judge), Abu Road in Claim Case No.233/1996 by which the Tribunal has passed an award of Rs.77,000/ -.

(2.) Learned counsel for the appellant submitted that deceased Sanjay Kumar was a 13 years old child studying in 8th standard and was negligently crushed by the bus involved in the accident. Learned counsel has further submitted that the Tribunal has passed erroneous order and has not awarded any notional income. Referring to judgment in Ratan and another v. Rakesh Jain & anr 2014 (1) WLC (Raj.) 599, learned counsel has contended that the notional income ought to have been computed and a multiplicand of 15 must have been applied and on this basis award must have been passed. However, the Tribunal has ignored the legal mandate and has passed an award in sum of Rs.77,000/ -, which is liable to be enhanced in consideration of notional income of the deceased. So appeal be allowed and the compensation may be granted, as prayed. Counsel for the respondent -Oriental Insurance Company has contended that the driver was having a learning license and the Tribunal has passed correct award so there is no reason to enhance the same.

(3.) A perusal of the impugned order reveals that Mohan Lal, father of the deceased child was examined as AW1 and one other witness Laxman was produced and examined as AW2, respondent -Oriental Insurance Company has also testified NAW1. While deciding issue No.1, Tribunal has dealt with and elucidated evidence adduced before it, which discloses age of deceased child having been stated to be of 13 years and studying in 8th standard in Government Senior Higher Secondary School, Sarupganj.