- (1.) Instant miscellaneous appeal has been preferred by the legal heirs of Smt. Munni Devi. On 13.03.2004 she was travelling in a bolero car. At around 05:00 A.M. when the said car reached at Agra Road Mauja Karodi Police Station, Manpur, from the side of Balaji Mod, a trailer bearing registration No.RJ -01 -G - 6261 came and collided with the car, as a result thereof Smt. Munni Devi died. Smt. Munni Devi was survived by her husband and six minor children.
(2.) The finding returned by ld. tribunal that the accident had taken place due to rash and negligent driving of the offending trailer, has not been assailed before this Court. Claimants -appellants, herein are aggrieved against the award of compensation of Rs.2,57,000/ - by ld. tribunal. It is urged in this appeal that the amount awarded by ld. tribunal is on the lower side and, hence, same is required to be enhanced. Admittedly, Smt. Munni Devi was a housewife. Mr. Nitesh Rawat, learned counsel appearing for the claimant -appellants, has submitted that Smt. Munni Devi was working as a tailor and used to supplement income of the family. Counsel further submitted that ld. tribunal has wrongly held that sufficient material was not placed on record to infer that Smt. Munni Devi was working as a tailor. However, it is not deniable fact that Smt. Munni Devi was housewife. Ld. tribunal assessed the notional income of Smt.Munni Devi, house wife as Rs.15000/ - per annum.
(3.) Having heard counsel for the parties, this Court is of view that claimants have failed to prove that deceased Smt. Munni Devi was working as a Tailor, hence, her income is to be notionally determined considering her to be housewife.;