PRAMOD SHARMA Vs. PAWAN KUMAR

JUDGEMENT

(1.) THE appellant has filed this appeal for the enhancement of quantum of compensation under the impugned award dated 2.6.2001 passed by Motor Accidents Claims Tribunal, Kotputali.

(2.) THE learned counsel for the appellant has centered his argument only on one point that learned Tribunal has erroneously reduced V3rd amount from the notional income of the deceased. He has canvassed that when the notional income for compensation is taken into consideration as per the Second Schedule to the Motor Vehicles Act, then 1/3rd amount is not permitted to be reduced towards the expenses to be incurred on the maintenance of the victim himself had he/she been alive. He has cited one judgment reported in Mukti v. Happu Singh, MACD 2008 (2) (Raj) 669 in support thereof.

(3.) THE Co -ordinate Bench relied upon the case of Hanuman V/s. United India Insurance Co. Ltd., MACD 2007 (1) (Raj) 616, wherein it was held that "when computation of compensation is made on notional income basis, taking that factor into account further deduction even on that minimum amount ought not to be made, particularly when already the amount of income is on reduced scale".