SANTOSH YADAV Vs. BALDEO SAO

JUDGEMENT

(1.) The appeal has been preferred by the claimants for enhancement of the award dated 31.08.2016 passed in Claim Case No.32/2008 passed by learned District Judge-II cum Additional Claims Tribunal at Chatra whereby the claimants have been awarded a compensation under section 166 of the M.V. Act to the tune of Rs.1,75,000/- along with interest @7.5% per annum from the date of order and the amount if, any, already paid shall be adjusted from the compensation amount with a liberty to the insurance Company to recover the amount as provided u/s 174 of the M.V. Act.

(2.) Learned counsel for the appellants has submitted that the income considered by the learned Tribunal is a meager amount, which ought not to have been less than Rs.5000/- per month in view of the judgment of Hon'ble Apex Court in the case of Kishan Gopal and Anr. vs. Lala and Ors. as reported in 2014 (1) SCC 244. Learned counsel for the appellant has submitted that this Court has also taken view of the judgment of State of Haryana v. Jasbir Kaur, (2003) 7 SCC 484, (para-7) and also the judgment of New India Assurance Co. Ltd. vs. Satender and others (2006) 13 SCC 60.

(3.) Learned counsel for the appellants has further submitted that Motor Vehicle Act, 1988 has not taken notice of the deceased below the age of 15 years, as such, there is no straitjacket formula appended with the Motor Vehicle Act.