IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.13 of 2005 RESHMI DEVI & ANR. Versus KIRAN BALA DEVI & ANR ----------- 7. 20.08.08. This appeal has been preferred for setting aside the order dated 4th October, 2004 passed in Claim Case No. 43 of 2003 by 3rd Additional Motor Vehicles Accident Claim Tribunal-cum-Additional District Judge, Muzaffarpur, whereby and whereunder the Presiding Officer of the Tribunal has granted compensation treating the notional income of Rs. 15,000/- per annum as provided under Clause 5 of Second Schedule of Motor Vehicles Act, 1988. The Tribunal has also held that the petitioners are legal representatives of the deceased and hence they are entitled for compensation. The O.P. No.2 the Insurer, The Oriental Insurance Company Ltd has admitted the fact that the vehicle in question was insured with it. In such circumstances the O.P. No.2 the Oriental Insurance Company is liable to pay compensation. So far as the quantum of the compensation is concerned, considering the age of the deceased, expectancy of life and nature of dependency the notional income of Rs. 15,000/- should be multiplied by 15 as per second schedule given in the act as the age of the deceased was 14 years at the time of his death. Thus the amount come to Rs. 2,25,000/- after deducted 1/3rd of the same as personal expenses of the deceased the amount of compensation comes to Rs. 1,50,000/- plus Rs. 2,000/- be also added as funeral expenses, so it comes to Rs. 1,52,000/-. Out of which Rs. 50,000/- has already been paid as interim compensation. So after deducting Rs. 50,000/- it comes to Rs. 1,02,000/- with interest at the rate of 9% per annum was also directed to be paid after filing of 2 the application till its realisation within two months from the date of passing of the order. Heard learned counsel for the appellants and learned counsel for the respondent the Oriental Insurance Company. It has been submitted on behalf of the appellants that the income of the appellant being a daily wage earner from the motorcycle repairing shop who used to earn Rs. 50/- per day comes to Rs. 1500/- per month and Rs. 18,000/- per annum its multiplier being 15 comes to Rs. 2,70,000/- After deducting 1/3rd i.e. Rs. 90,000/- it comes to Rs. 1,80,000/- plus loss of estate Rs. 2,500/-should also be added . So the claim of the claimant comes to Rs. 1,82,500/- minus Rs. 50,000/- which has already been paid as compensation under 140 of M. V. Act. In sum and substance, payment of Rs. 1,32,500/- has come but only Rs. 1,02,000/- has been paid to the claimant. In the facts and circumstance, and on perusal of the records, it appears that mother of the deceased who deposed in the court in the year 2004 has herself stated her age of 51 years. So deducting to that period of one year, it comes within the age of 50, so multiplier by 13 would be applicable. Even contention of the learned counsel for the appellants to be held acceptable at income of Rs. 18,000/- per annum multiplier by 13 it would come to Rs. 2,34,000/- deducting 1/3rd of the same i.e. Rs. 78,000/-, it comes to Rs. 1,56,000/- plus Rs. 2,500/- loss of estate. So total amount of compensation comes to Rs. 1,58,500/- deducting Rs. 50,000/- which has already been paid , it comes to Rs.1,08,500/- and this amount should be paid by the Respondent Insurance Company to the claimant. 3 So aforesaid modification is required in the impugned order. The appeal stands disposed of with direction for payment of Rs. 1,08,500/- within two months from the date of communication of this order. It has also been brought by the learned counsel for the Respondent Insurance Company that Rs. 1,02,000/- has already been paid, so the remaining amount Rs. 6,500/- (six thousand five hundred) is to be paid to the claimants by the Insurance Company. m.p. (Subash Chandra Jha, J.)