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ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
New India Assurance Co. LTD. – Appellant
Versus
Satender – Respondent
JUDGMENT
Arijit Pasayat, J. - Leave granted.
2. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Delhi High Court in an appeal filed by the appellant. In the appeal, the quantum of compensation awarded to the respondents 1 and 2 by the Motor Accidents Claims Tribunal, Delhi (in short the MACT) was questioned.
3. Factual background in a nutshell is as follows:
On 7.5.2002 a child-Anuj, aged about nine years was knocked down by a truck which was the subject matter of insurance with the appellant. As a result of the accident, said child died. A claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (in short the Act) claiming compensation. The MACT found that the child was not earning and, therefore, the compensation has to be assessed on the basis of notional income. MACT referred to the second schedule to the Act and held that the notional income as per the said schedule is Rs.15,000/- p.a., but the same was unrealistic. Accordingly the notional income was taken as Rs.30,000/-p.a. After deducting 1/3rd towards personal expenses, the financial dependency of the parents was fixed at Rs.20,000/- p.a. Considering the age of the
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