- (1.) Present appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of the compensation, has been preferred against the judgment and award dated 8th December, 2006 passed by the Motor Accident Claims Tribunal, Sitapur in Claim Petition No. 163 of 2004 (Diwakar Prakash and others v. Anees Ahmad and others). The brief facts of the case are that on 18th January, 2004 at about 12.45 noon, the deceased Uttam Kumar was travelling in a Mahendra Marshal Jeep No. UP 32 AN 3011 from Sitapur to Lucknow. When the Jeep reached near village Kuwarpur, its driver tried to over take a Truck No. UP-32 Z-7960, resulting in collusion with another Truck No. HR 58-4195, coming from the opposite direction. The deceased sustained severe injuries. He was taken to the Primary Health Center. Later, he was referred to the Medical College, Lucknow, where he ultimately died. It was claimed that the deceased was aged about 30 years of age and was earning Rs. 4,000/- per month from the food grains business.
(2.) After examining the entire evidence, the Tribunal observed that the accident was a contributory accident. So, the Truck as well as Jeep in question were held liable to pay 50% compensation each. In the absence of any document, the Tribunal took a notional income of Rs. 15,000/- per annum and finally awarded a compensation of Rs. 50,000/-. In addition, the compensation of Rs. 7,000/- was also awarded for funeral expenses and loss of consortium etc. Thus, total compensation of Rs. 57,000/- was awarded. Not being satisfied, the claimant has filed the present appeal for enhancement of the compensation.
(3.) With this background, Sri Pritish Kumar, learned Counsel for the appellant submits that the compensation is meager one. The deceased was earning Rs. 4,000/- per month, which comes to Rs. 48,000/- per annum, but the Tribunal has taken Rs. 15,000/- as notional income. For this purpose, he has relied on the ratio laid down in the case of National Insurance Company Limited v. Baljit Kaur, 2004 2 SCC 1;