- (1.) INSTEAD of disposal of the application for stay, we propose to take up the appeal itself by treating it as on day's list.
(2.) THIS appeal is at the instance of claimants in a proceeding under section 163a of the Motor Vehicles Act, and is directed against an award dated 28th January, 2008, passed by the Motor Accident Claim Tribunal and the learned Additional District Judge, Second Court, Nadia, in M. A. C. Case no. 632 of 2005, thereby disposing of the said proceeding by awarding a sum of Rs. 1,17,500/- as compensation. In arriving at such figure, the learned tribunal below applied the notional income of the victim to be Rs. 15. 000/- per annum and by applying the multiplier of 11 it arrived at the said figure.
(3.) MR. Banerjee, the learned Advocate appearing on behalf of the appellants by placing strong reliance upon the observation of the Supreme court in the case of Lata Wadhwa and Ors. v. State of Bihar and Ors. reported in air 2001 SC 3218, contended before us that the learned tribunal below should have assessed the income of the victim to be Rs. 3,000/- a month having regard to the services she rendered to the family.;