SHITAL DEVI Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Heard the learned counsel for the appellant.

(2.) The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act, feeling aggrieved by the award of the Motor Accident Claims Tribunal, determining an amount of Rs. 1,77,000 (Rupees one lac and seventy seven thousands only) as just compensation, to which the wife and minor son of the deceased Durgesh Chandra and his father and mother were found entitled to on account of his untimely death in an accident involving the offending motor vehicle, a TATA Truck bearing registration No, U.P. 80Q 9964 which was being driven rashly and negligently.

(3.) The Motor Accident Claims Tribunal, on a careful consideration of the evidence and materials brought on record, has come to the conclusion that the deceased was aged about 23 years on the date of the accident and his income was Rs. 15,000 per annum. This finding was based on the provisions relating to the notional income as indicated in the schedule attached to the Motor Vehicles Act. The claim petition was filed under Section 163A of the Motor Vehicles Act.