Jaya Roy, J. - (1.) This appeal filed by the claimant-appellant is for enhancement of compensation amount, awarded by the M.V.A.C.T. at Hazaribagh in Claim Case No. 73 of 2005. By the said award, a sum of Rs. 46,000/- has been awarded for the injury said to have been caused to the claimant-appellant in a motor vehicle accident. The undisputed facts are that the claimant was travelling in a Trekker while going to Hazaribagh. On that day, the vehicle met with an accident due to alleged sudden dash by another truck and in the said accident, several passengers died and some passengers including the claimant got severe injury. According to the claimant, he sustained injury in his knee resulted with 40% disability.
(2.) From perusal of the judgment dated 12th July, 2007, it appears that the Tribunal first of all took the notional income of the claimant and multiplied it by 15 years of purchase and calculated compensation of Rs. 2,25,000/-. The Tribunal deducted half of the amount on the ground that it is a case of contributory negligence inasmuch as the accident took place in collision of two vehicles and reached to a sum of Rs. 1,15,000/-. The tribunal further held that since it is a case of 40% disability, 40% out Rs. 1,15,000/- i.e. Rs. 46,000/- will be actual compensation, payable to the claimant.
(3.) Prima facie, in our view, the procedure adopted by the Tribunal in assessing the compensation is not in accordance with law. Firstly, the principle of notional income as provided in the Schedule appended to the Act is applied in case of death of non-earning member. Secondly, where the deceased or the injured is also involved in the cause of accident, then the compensation amount is deducted but in this case, there is no such contributory act from the side of the deceased or injured resulting the accident.;