Case Note & Summary
The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 31.07.2023 passed by the Motor Accident Claims Tribunal (Main), Arvalli at Modasa, in MAC Petition No. 199 of 2018. The claim arose from a fatal accident on 03.08.2017, when the deceased, an 11-year-old girl, was hit by a bus bearing registration No. GJ-18-Z-944 driven rashly and negligently by opponent no.1. The bus tyre rolled over her, causing fatal injuries. The Tribunal partly allowed the claim petition, awarding compensation. The appeal was limited to the quantum of compensation, specifically challenging the Tribunal's assessment of the deceased's notional income at Rs. 30,000 per annum and the deduction of 1/2 towards personal expenses. The appellants argued that the notional income should be based on minimum wages for 2017 and that no deduction should be made for personal expenses as the deceased was a minor dependent on her parents. The High Court, after hearing the appellants' counsel and perusing the record, held that the notional income of Rs. 30,000 per annum was correctly assessed as per the Second Schedule of the Motor Vehicles Act, 1988, and no interference was warranted. However, the Court found that the Tribunal erred in deducting 1/2 towards personal expenses, as the deceased was a non-earning minor dependent on her parents. The deduction was set aside, and the compensation was enhanced accordingly. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Minor Deceased - Notional Income - Assessment - The Tribunal assessed notional income of an 11-year-old deceased at Rs. 30,000 per annum, which was challenged as inadequate - The High Court held that the notional income was correctly assessed as per the Second Schedule of the Motor Vehicles Act, 1988, and no interference was warranted (Para 5). B) Motor Accident Compensation - Minor Deceased - Deduction for Personal Expenses - The Tribunal deducted 1/2 towards personal expenses of the deceased minor - The High Court held that for a non-earning minor dependent on parents, no deduction should be made for personal expenses - The deduction was set aside (Para 6).
Issue of Consideration
Whether the Tribunal erred in assessing the notional income of the deceased minor and in deducting 1/2 towards personal expenses.
Final Decision
The appeal is partly allowed. The notional income of Rs. 30,000 per annum is upheld. The deduction of 1/2 towards personal expenses is set aside. The compensation is enhanced accordingly. The award of the Tribunal is modified to the extent indicated.
Law Points
- Compensation for minor deceased
- notional income
- deduction for personal expenses
- Motor Vehicles Act
- 1988 Section 173
