JAWED JAMAL ANSARI Vs. PARAS NATH SAHU

JUDGEMENT

(1.) THIS appeal has been filed by the appellants for enhancement of compensation.

(2.) THE facts of the case arc not disputed. The claimant's son died in a motor vehicle accident and the offending vehicle was insured with the respondent insurance company. The only question therefore falls for consideration is, as to whether the quantum of compensation awarded by the Tribunal is just and reasonable? The tribunal awarded only a sum of Rs. 70,000/-as compensation. It has not been disputed that the deceased was a young boy of 14 years of age. The claimant, who is the father of the deceased, was examined as C. W. 3 and he has stated in his evidence that his son was aged 14 years and he was running a grocery shop from which, his income was Rs. 2,000/-per month. He also deposed that his son was a student of Class-X and he got his name registered for appearing in the examination conducted by the Bihar School Examination board. Registration certificate has been marked as Ext. 1. Considering all these facts, the Tribunal held that since the deceased was 14 years of age, the claimant is entitled to get compensation of Rs. 70,000/ -.

(3.) PRIMA facie, we are of the view that the compensation as awarded by the Tribunal is in low side. Even assuming that no cogent evidence was adduced by the claimant with regard to the earning of the deceased, the Tribunal ought to have taken into consideration notional income and assess the compensation. Taking in to consideration the notional income of Rs. 15,000/-, at least a sum of Rs. 1,50,000/- ought to have been awarded by way of compensation. For the reasons aforesaid, this appeal is allowed and the compensation amount is enhanced from Rs. 70,000/- to Rs. 1,50,000/ -. However, it is held that the enhanced amount of compensation i. e. Rs. 80,000/-shall carry interest from the date of passing of this order.