LILAWATI DEVI Vs. THE ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants/Appellants for enhancement of amount of compensation.

(2.) IT is a case of death of 27 years young man in a motor vehicle accident, who died leaving behind his parents and younger brothers as dependants. The Tribunal took the notional income of the deceased and multiplied it by 11 and awarded compensation of Rs. 1,17,000.

(3.) ADMITTEDLY , evidence was led from the side of the claimants to the effect that the deceased was running betel shop and his monthly earning was Rs. 4,000. Merely because no chit of paper with regard to the income of the deceased was produced, the Tribunal took notional income. In our view, the Tribunal has not correctly appreciated the provisions, appended to the Schedule of the Motor Vehicles Act as also the law, laid down by a Division Bench of this Court in the case of Malti Devi V/s. Sri Umesh Rawani and Ors., 2007 3 JLJR 376.