IN THE HIGH COURT OF JUDICATURE AT BI.LASPUR fC.G^ ^- M.A. (C)No, 7200^/ APPEt.LANTS : Iqbal Mallik S/o Mohammad Anwar Mallik Aged 50 Years lohammad Munaf(Minor) S/o IqbalMallilc Aged 13 Years, represented by : Natural Guardian Father Appeliant No. 1, Iqbal Mallik (Father) Both R/o Rajendra Nagar Road, Katora Talab Raipur, Tehsil and Distriet ' Raipur (C.G.) VERSUS 'AnkitMathani S/o Lalchand Mathani Aged 17Years(Minor) Represented bythrough guardian father Lalchand, Mathani R/o M/s Anand Corporation, Gurunanak, Chowk, , RaipurTehsil and District Raipur (C.G.) filchand Mathani, R/o M/s Anand Corporation, Gurunanak Chowk, Raipur, Tehsil and Disfrict Raipur (C.G.) jfTe New India Insurance Go. Ltd. Branch Ofitce First Floor, Madina Building , Rail Road, Raipur (C.G.), Through : Divisonal Manager, Divisional Office, Kutchery Chowk, jgil Roacl, Raipur (C.G.) MLscejlaiLeous Appeal under Section 17Jof_the Motor Vehicle Act. 1994 ^_ ^"^l^^s^?s^'^^'^:^?i;^i^%^^^'?^^^^^^^^^ HIGH COURT OF GHHATTISGARH AT BILASPUR MISC. APPEAL (C) No. 247/2009 APPELLANTS RESPONDENTS Iqbal Mallik and another Versus Ankit Mathani and others SB:- Hon. Shri N.K. Agarwal, J PRESENT:- Shri A.L. Singrol, Advocate for the appellants. Shri Rakesh Sahu, Advocate for respondent No. 1 and 2. Shri Deepak Gupta, Advocate for respondent No. 3. ORAL ORDER (13-7-2010) Per N.K. Aearwal, J 1. This is claimants' appeal seeking enhancement of compensation in the award dated 23-3-2007 passed in Claim Case No. 27/2006 by Ist Additional Motor Accident Claims Tribunal, Raipur, awarding Rs. 50,000/- as total compensation for the death of late Joheb Mallik in the accident. 2. Facts briefly stated are as under:- 3. On 31-8-2005, Joheb Mallik (since deceased) was driving Scooter bearing registration No. CG-10/BB-7913 and when he was going from Bairan Bazar to New Rajendra Nagar, Raipur, he was dashed by Centro Car bearing registration No. CG-04/T-0584, which was being driven by respondent No. 1, owned by respondent 'No. 2 and insured by respondent No. 3 and succumbed to the injuries sustained in the said accident. The matter was reported to City Kotwali, Raipur. Fafher and minor brother of fhe deceased filed application under Section 166 of the Motor Vehicles Act, 1988 (briefly, 'the Act') claiming Rs. 12,50,OOO/- as compensation for the death of the deceased in the said accident. , 4. Leamed Tribunal on a close scrutiny of the evidence led, material placed and submissions made, held respondent vs •«5i No. 1 responsible for the said accident, awarded Rs. 50,000/- only holding the deceased as non-earning member. 5. Shri Singrol, learned counsel for the appellants would contend that the deceased was aged about 16 years. As per 2nd Schedule appended to Section 163-A of the Act, in case of non-eaming member, learned Tribunal should have tEtken notional income of the deceased for the purpose of calculation of compensation. He would further contend that in view of the decision of Division Bench of this Court in case of Premlata and others -v- Rcisul Khan and others [2008(2) CGLJ 378 (DB)] since the accident occurred in the year 2005, the notional income would be Rs. 36,000/- per annum. 6. On the other hand, learned counsel for the respondents supported the impugned award and submitted that the amount awarded by the Tribunal is just and reasonable and deserves to be upheld. 7. I have heard learned counsel for the parties and perused the impugned award. 8. Learned Tribunal has awarded only Rs. 50,000/- i.e. the amount awardable under Section 140 of the Act as no fault liability on the premises that the deceased being minor cannot be said to be an earning member. Second Schedule appended to Section 163(A) of the Act prescribes notional income for compensation to those who had no income prior to deafh. Therefore, leamed Tribunal went wrong in not assessing the compensation by taking into consideration fhe notional income as provided under the provisions of 2nd Schedule appended to Section 163(A) of the Act. 9. Thus I propose to recompute the amount of compensation. 10. The notional income of the deceased as Rs. 15,000/- was presumed in the year 1994 and deceased Joheb Mallik lost his life in the accident took place in the year 2005. If the increase in the prices of the essential commodities 1 famaa ^^S^^^^^^s'^'^^s^^^^WS^ A^'^'5%;^^a:s;^?':'??'^ilwK^i^:fi^ y. ::.. 11 12. 13. and the cost ofliving during the period between 1995 and 2005 is taken into consideration, the notional income of Rs. 15,000/- prescribed in theyear 1994 would come to Rs. 36,000/- in the year 2005. Therefore, I propose to recompute the compensation taking the notional income of the deceased as Rs. 36,000/- per annum. As the claimant is father of the deceased, in the considered opinion of this Court, 50% of the above amount would be appropriate to be deduced towards personal expenses of the deceased. In view of dictum of Supreme Court passed in case of Municipal Corporation of Greater Bombay v. Laxman lyer & Another, reported in 2003 (8) SCC 731, the appropriate multiplier would be 10. By applying the same, the loss of income would be Rs. 1,80,000/-. By adding further sum of Rs. 10,000/- on other heads, the claimant is entitled for Rs. 1,90,000/- as compensation and as the appellant has already been awarded Rs. 50.000/-, therefore, the claimant is further entitled for Rs. 1,40,000/- in addition to the amount already awarded by the Tribunal. The claimants are further entitled to get interest at the rate of 6% per annum on fhe amount of compensation from the date of application till its payment. For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 50,000/- awarded by the Tribunal is enhanced to Rs. 1,90,000/- with interest @ 6% per annum from the date of application till its payment and the appellants shall be entitled for the compensation accordingly. The respondent No. 3 / the Insurance Company is granted 3 months' time for depositing the above amount before the concerned Tribunal. No order as to costs. [.K. Agra' Judge