- (1.) Heard learned Counsel for the parties and perused the record. This appeal under sections 168-173 of Motor Vehicles Act, 1988 for enhancement of award has been filed against the judgment and award dated 26.9.2008 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Barabanki in M.A.C. Case No. 21 of 2006.
(2.) While assailing the award and stalling claim for higher compensation, it has been submitted by the learned Counsel for the appellants that the notional income has been assessed in pursuance to Second Schedule at the rate of Rs. 15,000/- per annum. The appellants' Counsel has relied upon an Apex Court's judgment in Laxmi Devi and others v. Mohammad Tabbar and another, 2008 2 TAC 394. where their Lordships of Hon'ble Supreme Court ruled out that the Second Schedule of the Act has lost its utility being an old one and even a daily wage employee get minimum hundred rupees per day. Accordingly, their Lordships held that the notional income should be assessed at the rate of Rs. 3,000/- per month.
(3.) However, in view of the Apex Court's judgment in Laxmi Devi which has been followed by different Division Bench of this Court assessing notional income at the rate of Rs. 3000/- per month, we are of the view that the income of the deceased should be assessed notionally at the rate of Rs. 3000/- per month. Accordingly, the impugned award requires modification by enhancing the compensation payable to the appellants.;