Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3613 of 2018 Appellant :- Smt. Kamla Devi And 3 Ors Respondent :- U.P.S.R.T.C. And Another Counsel for Appellant :- Mohd. Asim Zulfiquar
Hon'ble Ashok Kumar,J.
Heard learned counsel for the appellants-claimants.
This appeal is filed by the appellants-claimant under Section 173 of Motor Vehicles Act, 1988 against the judgment and award dated 21.07.2018 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.16, Allahabad in MACP No.666 of 2012.
The sole submission of learned counsel for the appellant is that when the accident took place and deceased Raj Kumar Pal died, he was only 23 years old and was engaged in agricultural activities and sale of milk activities. Apart from the aforesaid, the deceased was also diploma holder from ITI and was in search of a job.
Learned counsel for the appellant has submitted that while fixing the notional income of the deceased, the Tribunal has unjustified in fixing the same to the tune of Rs.3,000/- per month, whereas in the claim petition, the claimants had submitted that, in fact, at the time of accident and death of victim-deceased, he was earning about sum of Rs.10,000/- per month.
Having heard the learned counsel for the appellant, I find substance in the submission of learned counsel for the appellant and there is no justification to determine the notional income at Rs.3,000/- per month without assigning any reasons, hence the impugned order of the Tribunal is set aside.
Learned counsel for the appellant has submitted that this Court as well as Hon'ble Apex Court in series of judgments has held that in the case where the income of the victim deceased was disclosed with supportive evidence, the Tribunal should have considered the material evidence and then determine the notional income.
In support of his contention, learned counsel for the appellant has placed reliance on a decision of Division Bench of this Court in the case of New India Assurance Co. Ltd. vs. Resha Devi and others reported in 2017 (4) TAC 288 (All) and a judgment of the Hon'ble Supreme Court in the case of V. Mekala vs. M. Malathi and another reported in 2014(3) TAC 5 (S.C.).
In view of the aforesaid, the matter is relegated to the Tribunal to re-consider the notional income of the deceased after considering the evidence and the judgment referred hereinabove and after providing opportunity of hearing to respective parties.
The appeal is disposed of.
This observation for modification of the order of the Tribunal is confined only with respect of notional income of the deceased. Rest part of the order of the Tribunal will be active.
Order Date :- 12.9.2018 A.Kr.*