Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3621 of 2018
Appellant :- Smt. Shrimati Devi And 4 Ors
Respondent :- The Oriental Insurance Co. Ltd. And 2 Ors
Counsel for Appellant :- Mayank
Hon'ble Ashok Kumar,J.
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 20.08.2018 passed by the Motor Accident Claims Tribunal / Additional District Judge, Court No. 1, District Mathura in M.A.C.P. No. 658 of 2016.
The sole submission of the learned counsel for the appellants is that the order of the Tribunal is bad so far as fixation of the notional income of Rs. 4,500/- per month.
Learned counsel for the appellants has submitted that the deceased was serving as a security guard in H.D.F.C. Bank Ltd., Chhaprauli Bangar, Noida, District Gautam Buddh Nagar and was getting the salary at about Rs. 10,000/- per month.
In support of the claim the claimants have produced / adduced the evidence, namely, the identity card issued by the Security Agency, who engaged the deceased and bank passbook showing the per month income, which was deposited in the bank account of the deceased.
Learned counsel for the appellants has therefore submitted that these relevant evidence has been completely ignored by the Tribunal while determining the notional income.
In support of his contention learned counsel for the appellants has placed reliance of various decisions of the Hon'ble Apex Court and of this Court i.e. in the case of New India Assurance Company Ltd. vs. Resha Devi and Others reported in 2017 (4) T.A.C. 288 (All.), Arun Kumar Agrawal and another vs. National Insurance Co. Ltd. and Others reported in 2010 ACJ 2161, Ramchandrappa vs. Manager, Royal Sundaram Alliance Insurance Company Ltd. reported in 2011 (13) SCC 236, Hansnath Yadav and Others vs. U.P. State Road Transport Corporation Lko. reported in 2015 (1) TAC 219 (All.) wherein the Hon'ble Courts have determined the notional income after due consideration of the evidence adduced in support of that.
In view of the aforesaid, the matter is relegated to the Tribunal to redetermine the notional income of the deceased after considering the evidence as well as the decisions referred herein above.
No other issues are pressed. The Tribunal is directed that while deciding the issue with respect of the notional income it should provide reasonable opportunity to the respective parties.
The Tribunal is further directed to complete the procedure within a period of three months from the date of production of a certified copy of this Order.
The appeal is disposed of.
Order Date :- 12.9.2018 SK Srivastava