- (1.) Heard learned Counsel for the parties. This appeal has been preferred against the award dated 26th September, 2008 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Barabanki in M.A.C. Case No. 23 of 2006 on the ground that compensation awarded to the appellant is inadequate as it has been passed without application of mind wrongly assessing the notional income provided in the structural from of Motor Vehicles Act.
(2.) The appellant's Counsel has relied upon Hon'ble Apex Court's judgment in Laxmi Devi and others v. Mohammad Tabbar and another, 2008 2 TAC 394 where their Lordship of Hon'ble Apex Court ruled that the notional income should be assessed at the rate of Rs. 36,000/- per annum. After deducting 1/3rd in lieu of personal expenses it shall be 24,000/- per annum. By applying multiplier 17 then the total amount of compensation comes Rs. 4,08,000/- and, in lieu of loss of consortium, funeral expenses and loss of estate, after adding Rs. 9,500/-, total compensation comes to Rs. 4,17,500/-.
(3.) Accordingly, the appeal is allowed. The impugned award dated 26th September, 2008 stands modified. The appellant shall be entitled the compensation to the extent of Rs. 4,17,500/- alongwith 6 per cent interest from the date of filing of claim petition in terms of award in place of Rs. 1,77,000/-. The respondents shall deposit the rest of the amount inclusive of statutory, deposit, in case already not deposited, within a period of two months before the Tribunal in terms of the modified award. The amount deposited in this Court shall be remitted to the Tribunal by the registry forthwith and the Tribunal shall release the same immediately in favour of the claimants within next two months.;