RAM NARAYAN THAKUR Vs. HEMAN KUMAR GUPTA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the claimants -appellants, learned counsel appearing on behalf of the respondent -owner and learned counsel appearing for the respondent -Oriental Insurance Co. Ltd.

(2.) THIS appeal has been filed by the claimants -appellants for enhancement of compensation. Undisputedly the deceased was aged about 35 years and died in a motor vehicle accident. According to the claimants, the deceased was a barber and was running a Saloon and he was earning Rs.3,000/ - per month .

(3.) SINCE no documentary evidence was adduced in support of the income of the deceased, the Tribunal has taken a notional income of Rs.15,000/ - and after deducting 1/3rd out of the said notional income, the annual dependency was assessed at Rs.10,000/ -. Multiplying the same by 16 years of purchase, a sum of Rs.1,60,000/ - has been assessed. 2007(3) JLJR 376. 6. The schedule appended to the Motor Vehicles Act very specifically provides that notional income will apply only in a case where the deceased was a non -earning member. For example, a person sitting idle and he was not doing any work or in case of student where there is no earning. 7. In the instant case, it has not been disputed that the deceased was a barber and evidence was led to the effect that his monthly income was Rs.3,000/ -. Although no evidence, controverting the statement was adduced either by the owner or by the insurer of the vehicle. The Tribunal has committed a grave error in taking the notional income. 8. Be that as it may, we are of the view that the deceased income must have been at least Rs.2,500/ - per month. If we take this monthly earning then the annual dependency comes to Rs.16,000/ -. Multiplying the same by 16 years of purchase, the total compensation comes to Rs.2,56,000/ -. 9. In our view, therefore, the compensation of Rs.2,50,000/ - shall be just and reasonable compensation. 10. This appeal is therefore, allowed and the amount of compensation is enhanced to Rs.2,50,000/ - (Rs. Two lakhs fifty thousand only). 11. The Respondent -Oriental Insurance Company Ltd. is directed to pay the entire compensation amount, if not already paid, to the claimants -appellants by handing over the Cheque before the Lok Adalat, scheduled to be held on 20th December, 2008 in the premises of this Court.