1 S.B.CIVIL MISC. APPEAL NO.155/2001. Devisaran Soni & Anr. VS Bane Singh & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.155/2001. Devisaran Soni and Another. VERSUS Bane Singh and Others. 11.11.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.L.L.Gupta, for the appellants. Mr.Nirmal Kumar on behalf of Mr.Rajesh Goswami ] Mr.Satendra Sharma ] for the respondents. ***** Heard learned counsel for the parties and perused the award passed by the learned Tribunal. This appeal has been filed by the claimants for enhancement of the amount of compensation. The claim was filed by the appellants on account of the death of one Smt.Kanta aged 35 years who died in a road accident on 02.10.1998 caused by the truck bearing registration No.RSD-737 which was owned by the respondent No.2 Rameshwar and driven by the respondent No.1 Baney Singh and insured with the respondent No.3 National Insurance Company on the date of accident. Learned counsel for the appellant has submitted that the learned Tribunal while deciding the issue No.2 with regard to the amount of compensation to be paid has wrongly determined the income of the deceased as 2 S.B.CIVIL MISC. APPEAL NO.155/2001. Devisaran Soni & Anr. VS Bane Singh & Ors. only Rs.500/- per month on the basis that she was a house-wife and her certificates of income issued by the employer where she was doing the work of tailoring and of jewelry have been ignored by the learned Tribunal. In the alternative learned counsel for the appellants has submitted that even otherwise in the case of non-earning person the second schedule to the Motor Vehicles Act, 1988 has prescribed amount of Rs.15,000/- to be taken as the notional annual income and if the aforesaid amount is taken into consideration, since the accident is post 1994, the amount of compensation would be Rs.15,000/- multiplied by 16, the multiplier to be adopted in the case of deceased of the age group of 35 to 40 years. Learned counsel for the respondent, on the other hand, has supported the award passed by the learned Tribunal and has stated that the income of the deceased was rightly assessed as Rs.500/- per month as she was merely a house-wife and the certificates on which the reliance has been placed have not been proved by the appellant. However, learned counsel for the respondent was at a lost to counter the alternate submission of the learned counsel for the appellant that the second schedule itself has prescribed a notional annual of Rs.15,000/- in the case of non-earning person for determination of compensation for the loss of earning. In the facts and circumstances, therefore, I am inclined to accept this appeal and enhance the amount 3 S.B.CIVIL MISC. APPEAL NO.155/2001. Devisaran Soni & Anr. VS Bane Singh & Ors. as follows:- Rs.15,000/- X 16 = Rs.2,40,000/- Since the learned Tribunal has already awarded Rs.96,000/- under the aforesaid head of loss of earning, the amount of Rs.96,000/- is liable to be deducted. The balance amount which is the additional amount allowed by this court under this appeal is Rs.1,44,000/-. Consequently, the appeal succeeds to the aforesaid extent. The appellants shall be entitled to Rs.1,44,000/- with interest @ 6% p.a. w.e.f. the date of filing of this appeal which is 16.01.2001 upto the date of its realization. This amount shall be paid by means of demand draft in favour of the claimants before the learned Tribunal. There shall be no order as to costs. (DALIP SINGH),J. Solanki DS, Jr.P.A.