JUDGMENT

Mrs. Ritu Tagore, J. (Oral)

Appellants-claimants have challenged the award dated 25.08.2017 passed by the Motor Accident Claims Tribunal, Sonipat (hereinafter referred to as the Tribunal) on ground of inadequate compensation.

2. Deceased Chhaya, died in a motor vehicular accident dated 13.11.2016 caused by respondent No.1-driver while driving the offending vehicle bearing registration No.DL-8C-AC-7029, in a rash and negligent manner.

3. Claimants-parents filed a petition under sections 166 and 140 of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as the Act). The respondents (driver, owner and insurer) on appearance filed their respective pleadings. After the contest, the Tribunal granted Rs. 17,45,000/- as compensation.

4. Learned counsel for the claimants urged the Tribunal determined the notional income of the deceased at Rs.10,000/- per month. The Tribunal, however, failed to take into consideration the age of deceased, that was 23 years and that she was a final year student of B.Sc. (Honours) Nursing, in Raj Kumari Amrit Kaur College of Nursing, University of Delhi. Even an entry level staff nurse in a Govt, college or in a public sector corporation, if recruited, would get a salary between Rs.38,000/- to Rs.45,000/- per month. A B.Sc./M.Sc. Nursing graduate employed either as a nursing tutor or instructor in a nursing college or a school gets approximately a salary Rs.20,000/- to Rs.25,000/- per month. Therefore, on completion of the course, the deceased would have got a salary not less than Rs.20,000/- to Rs.25,000/- per month. To support his arguments, he referred to authority 'S.Saraswathv and another v. A. Elumalai', 2017 ACJ 1036 and 'Ashvinbhai Javantilal Modi v. Ramkaran Ramchandra Sharma and another'. 2014 (4) RCR (Civil) 543. Learned counsel by placing reliance on 'Kirti and another v. Oriental Insurance Company Limited', 2021 (1) RCR (Civil) 478 urged that future prospects may also be granted on the notional income. Further by referring to the judgments National Insurance Company Limited , v. Pranav Sethi and others' (2017) 16 SCC 680. N. Jayasree and Ors. v. Cholamandlam MS General Ins. Co. Ltd. 2021 ACJ 2685 and 'Magma General Insurance Company Limited v. Nanu Ram (a) Chuhru Ram and others' (2018) 18 SCC 130 urged for grant of conventional heads as per the principles laid there in, and prayed to reassess the compensation.

5. Per contra, Learned counsel for the respondent-insurance company urged that the Tribunal has rightly determined the notional income of the deceased at Rs.10,000/- per month. However, could not deny the fact that evidence on record shows that the deceased was a student of B.Sc. Nursing and was 23 years at the time of her death. The learned counsel, however, stated that the amount granted towards conventional heads needs to be reassessed in accordance with the observations made in Pranay Sethi (supra).

6. I have heard learned counsel for the appellants and have gone through the paper-book.

7. In the authority titled 'S.Saraswathy and another v. A. Elumalai'. 2017 ACJ 1036. the deceased was a final year Engineering student, who had met with fatal accident on 05.11.2021 and notional income of the deceased was taken at Rs.20,000/- p.m. by the Madras High Court. In 'Ashvinbhai Jayantilal Modi v. Ramkaran Ramchandra Sharma and another', 2014 (4) RCR (Civil) 543 (SC). the deceased was a young boy aged 19 years and was a student of Medicine, who died in a motor vehicular accident on 12.07.2002. His notional income was determined at Rs.25,000/-per month. In 'Basanti Devi and Anr. v. Divisional Manager, The New India Assurance Company Ltd. and Ors'. 2022 (1) RCR (Civil) 516 held tha