- (1.) This appeal arises out of the judgment and award dated 15th December, 1994 passed by the learned Judge, M.A.C. Tribunal, 3rd Court, Burdwan. The award has been passed on an application under Section 166 of the Motor Vehicles Act filed by one Menoka Santra, Shyamali Bag, Gayatri Malik, Rita Santra, Sephali Santra, Chaina Santra, Asta Santra and Aparna Santra all legal heirs of Madhusudan Santra (since deceased) claiming compensation for a sum of Rs. 1,00,000/- (Rupees One Lakh) only on the death of Madhusudan Santra. Madhusudan Santra died due to motor accident on 23rd June, 1992. The accident was caused due to rash and negligent driving of truck No.BRJ-8087 which dashed the victim with a high speed resulting thereby serious injuries upon the victim who was hospitalised for treatment but, ultimately, succumbed to his injuries. The said accident was caused due to rash and negligent driving of the driver of the said truck. Over the said accident Memari P.S. Case No.107(6) 92 under Section 279/338/304A of the Indian Penal Code was started. The truck which caused the accident was covered by a policy of Insurance being No.150502/63/3084 and the validity period was from 21st April, 1992 to 20th April, 1993. The opposite party, National Insurance Co. Ltd. contested the case by filing written statement denying all the material allegations in the petition of the petitioners/claimants. The claimants/petitioners, in order to prove their case, have adduced as many as three witnesses and the opposite parties cross-examined them. The petitioners/claimants filed certain documents, namely, copy of the insurance policy (Ext. 1), FIR (Ext. 2), Post Mortem Report (Ext. 3). On an overall consideration of the materials on record and the evidence adduced by the claimants the Claims Tribunal has come to a conclusion that the offending vehicle has caused the accident. Learned Tribunal has computed the compensation taking into consideration the victim's daily income @ Rs. 30/- (Rupees Thirty) only per day. On the date of death the victim was 45 years of age. The monthly income was, therefore, Rs. 900/- (Rupees Nine Hundred) only and the victim used to earn accordingly, Rs. 10,800/- (Rupees Ten Thousand Eight Hundred) only per annum. The learned Tribunal held that question of non-availability of work on each and every day is also an important question and, therefore, he held that the average income would be Rs. 20/- (Rupees Twenty) only per day and, accordingly, taking Rs. 600/- (Rupees Six Hundred) only per month he has calculated the compensation at Rs. 7,200/- (Rupees Seven Thousand Two Hundred) only per annum. Learned Tribunal held that the claimants were entitled to Rs. 75,000/- (Rupees Seventy Five Thousand) only as compensation out of which Rs. 25,000/- (Rupees Twenty Five Thousand) only had already been awarded earlier in another case. Therefore, the learned Tribunal directed the Insurance Company to pay Rs. 50,000/- (Rupees Fifty Thousand) only for the death of said Madhusudan Santra. The accident took place on 23rd June, 1992 and Second Schedule to the 1988 Act came into force with effect from 14th November, 1994. Since the award has been passed on 15th December, 1994 and by that time Second Schedule already came into force, the learned Tribunal ought to have taken note of the Second Schedule of the Motor Vehicles Act, 1988 in computing the compensation. It is now well settled that even if a person does not have any income the Second Schedule of the 1988 Act provides that such a person shall be deemed to be earning at least Rs. 15,000/- (Rupees Fifteen Thousand) only per annum which is considered as notional income. If the calculation is made on the basis of such notional income the award is liable to be modified and, accordingly, we direct that the award should be passed as follows :- Notional income Rs. 15,000/- per annum Less 1/3rd being the expenses made by the Rs. (15,000 5,000) Deceased on himself = Rs. 10,000/- The victim, on the date of accident was 45 years of age and, therefore, appropriate multiplier would be 13. Rs. 10,000 X 13 Rs. 10,000/- X 13 = Rs. 1,30,000/- Plus Rs. 9,500/- (Rs. 2000 for funeral expenses Rs. 2,500/- for loss of estate and Rs. 5,000/-for loss of consortium payable to the widow only). Thus, the claimants are entitled to a compensation of Rs. 1,30,000/- + Rs. 9,500/- = Rs. 1,39,500/- to be payable by the Insurer/opposite party to the claimants/petitioners in the same proportion as the learned Tribunal has mentioned in the Award together with interest @ 9% per annum. Urgent Photostat certified copy of this judgment, if applied for, be given to the learned advocates for the respective parties upon compliance of all formalities. I agree.;