The court considered the earning capacity of the deceased in determining the compensation, taking into account his family background and the nature of his work.

Gyan Sudha Misra, J.-The claimants-appellants herein are the parents of the deceased-Shankar Lal was died as a result of the accident caused by the motor vehicle which was insured with respondent No. 3-United India Assurance Company Ltd. and consequently an award ot Rs. 1,26,000/-(Rs. One lac twenty six thousand) has been passed in favour of the claimants-appellants towards compensation. The claimants have come up with the case that they are a family of labourers and thence the deceased although was aged only 15 years, he was earning not less than Rs. 80 to 90 per day as the was carrying excavated soil on a mule and thus he was earning no less than Rs. 2400/-(Rs. two thousand four hundred) per months. Higher amount of compensation therefore should have been awarded for the deceased who inspite of his tender age had earning capacity of Rs. 2400/-per month.

2. Learned Counsel for the respondent No. 3 United India Assurance Company Ltd. however submitted that since the deceased was only 15 years old, he was not capable of earning any amount and hence the award of Rs. 1,26,000- (Rs. one lac twenty six thousand) which has been passed in favour of the deceased, should be treated as sufficient.

3. On perusal of the impugned awarded it appears that the Motor Accident Claims Tribunal has not analysed any evidence in regard to the earning potentiality of the deceased, although oral evidence was led to the effect that he was in the job of carrying excavated soil on the mule and the respondent including the Insurance Company did not lead any evidence of rebuttal in this regard before the Tribunal. It is no doubt true that in normal circumstances a boy of 15 years of age may not be an earning member of the family but the deceased who hailed from a labourer class whose parents also are labourers, it is not different to infer that even a boy of 15 years of age must not have been sitting idle and he was bound to earn his living by undertaking some job. The oral evidence to the effect that the deceased was carrying soil on the mule who hailed from a labourer class cannot be treated as an exaggerated version and reasonable inference can be drawn that he was earning some amount out of this vocation. This it will have to be taken into consideration that the principle which governs the method of assessment of income where the income of a person is not capable of exact assessment a minimum amount of Rs. 1500/-(Rs. fifteen hundred) per month will have to be treated as correct which would Rs. 15,000/-per annum and out of this if one third income is deducted, that net income would be rs. 12,000/-(Rs. twelve thousand) per annum. This the net income of the deceased ought to have been computed at least Rs. 12,000/-(Rs. Twelve thousand) per annum and if a multiplier of 15 to this is applied, the figure which is arrived at would not be less than Rs. 1,50,000/-(Rs. one lac fifty thousand). It appears that an award of Rs. 1,26,000/-has already been paid to the claimants and hence a balance amount of Rs. 24,000/-(Rs. twenty four thousand) will be paid to the appellants by the Insurance Company expeditiously. The interest of 9% which has been allowed by the Tribunal would also be payable on the balance amount. The impugned awarded accordingly stands modified. The appeal accordingly stands disposed of .