J.R.MIDHA, J. - (1.) THE appellants have challenged the award of the learned Tribunal whereby the compensation of Rs. 3,62,500/ - has been awarded to the appellants.
(2.) THE accident dated 10th May, 2000 resulted in the death of Master Farman aged 7 years. The parents of the deceased filed the claim petition before the learned Tribunal. The deceased was a student of IInd standard in P.D. Public School. The learned Tribunal took the notional income of the deceased to be Rs. 22,500/ - and applied the multiplier of 15 to compute the loss of dependency to be Rs. 3,37,500/ -. Rs. 10,000/ - has been awarded towards medical expenses and Rs. 5,000/ - each has been awarded towards transportation of the dead body, funeral expenses and loss of estate. The total compensation is awarded Rs. 3,62,500/ -. The learned Counsel for the appellant submits that the learned Tribunal has not made 1/3rd deduction towards the personal expenses of the deceased while computing the compensation. The second ground submitted by learned Counsel for the appellant is that the Second Schedule of the Motor Vehicles Act provides for notional income of Rs. 15,000/ - whereas the learned Tribunal has taken the notional income to be Rs. 22,500/ - in the absence of any evidence.
(3.) IN the case of Manju Devi v. Musafir Paswan, the Hon'ble Supreme Court awarded compensation of Rs. 2,25,000/ - in respect of death of a 13 - years old boy by applying the multiplier of 15 and taking the notional income of Rs. 15,000/ - as per the Second Schedule of the Motor Vehicles Act. The relevant portion of the said judgment is reproduced hereunder: As set out in the Second Schedule to the Motor Vehicles Act, 1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied. As per the Second Schedule, he being a non -earning person, a sum of Rs. 15,000/ - must be taken as the income. Thus, the compensation comes to Rs. 2,25,000/ ;