- (1.) This appeal under sections 168-173 of the Motor Vehicles Act, 1988 has been preferred against the impugned award dated 26.9.2008 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Barabanki in M.A.C. Case No. 22 of 2006. Appellants' Counsel submits that the Tribunal has wrongly assessed the notional income of the deceased at the rate of Rs. 2500/- per month. Further submission is that since the award is not based on notional income, the Tribunal had assessed the income at the rate of Rs. 3,000/- per month but deducted Rs. 500/- On the ground that working days of the deceased, who was driver, shall not be more than 25 days. The claimant further pleaded that the income of deceased was 4000/- per month.
(2.) There appears to be wrong assessment by the Tribunal with regard to salary of the deceased of Rs. 2,500/- per month instead of Rs. 3,000/- as the salary of the driver which seems to be not reasonable. The Tribunal failed to assess the notional income of the deceased while exercising its jurisdiction in view of the judgment of the Hon'ble Supreme Court in Laxmi Devi and others v. Mohammad Tabbar and another,1 where, Hon'ble Supreme Court has held the notional income at Rs. 3000/- per month. The judgment of Laxmi Devi , has been followed by different Division Benches of this Court in identical matters.
(3.) Accordingly, we assess the income of the deceased at the rate of Rs. 3,000/- per month which is also the notional income. Accordingly, after deducting 1/3 of the notional income, the total income of the deceased comes to Rs. 24,000/- per year and by applying multiplier of 18, the total amount comes to Rs. 4,32,000/- (24,000 x 18 = 432000). After adding the amount of Rs. 5,000/- in lieu of funeral expenses and loss of state, the total compensation comes to Rs. 4,37,000/-.;