- (1.) Heard Sri A.K. Sinha, learned counsel for appellant and perused the record.
(2.) This appeal under under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as "Act, 1988") has arisen from judgment and award dated 06.09.2017 passed by Sri Sanjay Kumar Verma, Motor Accident Claims Tribunal/Additional District and Sessions Judge, Court No. 3, Azamgarh in Motor Accident Claim Petition No. 180 of 2015 awarding compensation of Rs. 5,46,500/- with 7 per cent holding the appellant-Insurance Company to pay awarded amount of compensation to claimants-respondents with right to recover the said amount from owner of vehicle. Assailing the said award, learned counsel for appellant-Insurance Company contended that the deceased was house wife and therefore had no income at all. Her notional income has been assessed which cannot be said to be established income in the light of Constitution Bench judgment in National Insurance Company Limited Vs. Pranay Sethi and others, 2017 13 Scale 12, therefore, unless the income is established and proved, notional income in respect to house wife ought not to have been taken into consideration and in any case future prospects to the extent of 50 per cent has been wrongly applied inasmuch at the best it could have been 25 per cent treating deceased as self employed. Thirdly it is contended that claimants are not dependent and therefore compensation is excessive.
(3.) However, we find no force in any of the submissions.;