IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.469 of 2008 Mila Devi, wife of Kishun Chaudhary, resident of village + PO + PS- Nagarnausa, District-Nalanda …….Applicant/Claimant.. Appellant Versus 1. Vinay Kumar, S/o Sri D.N.Singh owner of Dev Bus No. BIA 2621, at PO Rajendra Nagar, Bahadurpur, Patna, District-Patna 2. Chandra Mohan Singh, S/o Rameshwar Singh, Driver of Dev Bus No. BIA 2621 village + PO + PS – Ekangarsarai, District-Nalanda 3. The Branch Manager, Oriental Insurance Co. Ltd. Ranchi Road, Bharaopar Biharsharif, Nalanda….Opp.Parties… Respondents. ----------- For the Appellant: Mr. Rabi Bhushan Prasad, Advocate For Resp. No.3. :- Mr. Rana Randhir Singh, Advocate For Resp. No.1 :- Mr. Binay Krishna, Advocate --------- 8. 9.2.2010 Heard learned counsel for the parties. The appeal has come up at the admission stage but with the consent of the parties, it has been heard at length and is being finally disposed of by this order. The appeal has been filed against the judgment and award dated 9.5.2008 and 21.5.2008 respectively passed by the Additional District Judge-cum-Claim Tribunal, Nalanda at Biharsharif in MACT case No. 15 of 2000. The appellant is the claimant. She is the mother of the deceased, Raju Choudhary. The admitted position is that he died in an accident caused by Bus bearing Registration No. BIA-2621 on 26.1.1996 at 10.00 A.M. near Pakki Talab, Nagarnausa in the district of Nalanda. The Tribunal has awarded a sum of Rs. 1,36,000/- as compensation along with Rs. 2000/- as funeral cost and after deducting Rs. 50,000/- paid under Section 140 of the Motor Vehicles Act, it has directed the Oriental Insurance Company 2 Limited to pay compensation to the tune of Rs. 88,000/- within one month from the date of the order failing which an interest at the rate of 6% per annum would also become payable. Learned counsel for the appellant has assailed the aforesaid order on the ground that although there was definite oral evidence with respect to the income of the deceased which was stated to be Rs. 4000/- per month derived from the business of selling toddy and also from agriculture yet only a notional income of Rs. 12,000/- per annum has been taken. It is submitted by learned counsel for the appellant that in any view of the matter as per Schedule-II of the Motor Vehicles Act, the notional income cannot be taken at less than Rs. 15,000/- per annum. It is however, admitted by learned counsel for the appellant that the age of the mother of the deceased on the date of accident, i.e., 26.1.1996, was 38 years and thus the multiplier as per Schedule- II, which ought to have been taken, would be 16 and not 17 as has been calculated by the Tribunal. Learned counsel also assails the award on the ground that no interest from the date of application has been awarded although there is no finding that the trial was delayed on account of laches of the claimant. Learned counsel for the Insurance Company submits that the tribunal has rightly not accepted the income of Rs. 4000/- per month which is not at all supported by any cogent material on the record. However, he accepts that the notional 3 income could not have been taken at Rs. 12000/- in the face of what has been provided in Schedule-II of the Act. Learned counsel is also unable to defend the non-grant of interest from the date of application on the basis of any material on the record or finding of the Tribunal. Learned counsel for the Insurance Company also points out that the minimum wages for unskilled labourers in any shop or establishment is Rs. 1,032.20 per month as per the notification bearing No. SO 25 dated 5.1.1996 under the Minimum Wages Act, 1948. Learned counsel for the respondent no.1, the owner of the vehicle adopts the submission of learned counsel for the Insurance Company. On a consideration of the aforesaid submissions and the records of the case, this Court is of the view that while the Tribunal has rightly not accepted the claim of the applicant regarding income being Rs. 4,000/- per month in the absence of any cogent proof in support of the same, yet it was not open to the Tribunal to take the notional income at Rs. 12000/- per month when Schedule-II of the Motor Vehicles Act provides that the notional income for compensation to those who had no income prior to accident in the case of any person is to be taken at Rs. 15000/- per annum. I also find that in the present case since the deceased was survived by his mother who, as the claimant, was aged 38 years then the multiplier has to be taken 4 according to the age of the mother and the same should be 16 as per Schedule-II of the Act. Thus, the notional income of Rs. 15000/- multiplied by 16 comes to Rs. 2,40,000/-. After deducting 1/3rd from the same as that spent by the deceased on himself, the amount payable as compensation to the claimant- mother comes to Rs. 1,60,000/-. The funeral expenses of Rs. 2000/- is also payable to the appellant. Deducting Rs. 50,000/- paid under Section 140 of the Act, the compensation payable to the appellant comes to Rs. 1,12,000/-. The appellant would also be entitled to interest at the rate of 6% per annum from the date of application till the date of payment. The appeal is accordingly allowed. S. Pandey ( Ramesh Kumar Datta, J.)