The income of a deceased student in a motor accident claim must reflect actual earnings, not speculative figures.

ORDER :

REKHA BORANA, J.

1. Learned counsel for the appellant-Insurance Company submits that the learned Tribunal erroneously computed the income of the deceased to be Rs. 50,000/- per month whereas admittedly the deceased was a student of MBBS 3^rd year and was not earning anything on the date of accident.

2. Per contra, learned counsel appearing in caveat for respondent-claimants submits that the learned Tribunal rightly computed the income of the deceased while relying upon the judgment of Hon’ble Apex Court in the case of Ashvinbhai Jayantilal Modi vs Ramkaran Ramchandra Sharma & Anr; 2015 (2) SCC 180 (decided on 25.09.2014).

3. In view of the submissions made, Admit. Issue notice.

Notices need not be issued to respondent-claimant Nos.1 & 2 as they are already represented by counsel.

4. At the request of learned counsel for the appellant, service on respondent Nos.3 and 4 is dispensed with at the risk of the appellant.

5. Heard on stay petition.

6. The effect, operation and execution of the impugned award dated 29.08.2024 passed by learned Motor Accident Claims Tribunal Suratgarh, District Sriganganagar in MAC Case No.47/2019 (CIS No.47/2019) shall remain stayed subject to the appellant-Insurance Company depositing 70% of the award amount (with interest) within a period of six weeks with the learned Tribunal. The amount already deposited, if any, shall be adjusted qua the amount to be deposited now. The amount when deposited be disbursed to the claimants in terms of the award.

7. Let the record be sent to this Court after disbursal of the amount.

8. Stay petition stands disposed of.

9. Learned counsel for the appellant submits that the execution proceedings have been initiated by the claimants and the learned Tribunal has even issued the attachment order dated 18.01.2025 whereby the bank account of the head office of the appellant- Insurance Company has been attached. He prays that the said bank account of the Insurance Company be directed to be released so that the amount in pursuance to the present order can be deposited by the appellant-Insurance Company.

10. In view of the submission made, the learned Tribunal shall be under an obligation to pass appropriate orders to release the bank account of the appellant-Insurance Company from attachment, forthwith.

11. However, if 70% of the award amount (with interest) in pursuance to the present order is not deposited by the appellant- Insurance Company within the stipulated period, the learned Tribunal shall be at liberty to pass appropriate orders again.